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  1. #21
    Quote Originally Posted by RICH1471 View Post
    He has been then almost 10 years, he has had plenty of time to inquire, the person that originally hired him may be long gone.
    If your employer is required to inform you of something and they don't, it is their fault.
    Last edited by Bergtau; 2012-11-27 at 12:27 AM.

    Bergtau's Law: As an online discussion grows longer, the probability that somebody will mention Godwin's Law approaches 1.
    Hitler wasn't all bad, I mean, he DID kill Hitler.
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  2. #22
    Brewmaster
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    What country are you in OP ? Here the law states an employee gets 4 weeks paid leave every year minimum if you are a permanent employee, if you are a casual or part time employee your employer pays you an additional 8% of your pay as holiday pay. Annual leave also builds up so if you were a casual employee you would be entitled to 8% of what you have earned in the time you have been employed there or 4 weeks leave for every year you had been employed. Not sure how it works in your country but here you would be legally entitled to 26 weeks paid leave (based on 6.5 years of employment) or 54% of your yearly wage. Your best bet would be to talk to someone in employment relations or legal advise.

  3. #23
    I am not sure what country you are in or what the laws are there, but in Canada, your employer is supposed to put 4% (or more if you're entitled to more than 2 weeks vacation) of your salary away and give it to you either when you go on vacation each year or at annual intervals, if you have never taken vacation, check to see if you have received that money and if not your boss might owe you 4% of your salary X the 6 years you've been working there. Best thing to do would be to get a record of how much income you've received each year versus the salary you are supposed to get and then talk to an employment specialist (in Canada you can talk to a person in the Federal government of an agency called Human Resources and Development Canada, I'm assuming your country should have something similar, if not then try to find a legal specialist who knows the employment laws).

  4. #24
    At times like this ....it is time to ask if you are in a woker union ... if you are this is why you pay them money each month, to get help with stuff like this without the situation blows up. iuf you are not then :

    Step one....sleep on it ..
    step two: take a talk with your boss ... nomater if you like him or not, do it as a smalltalk and DO NOT yell at him, go somthing like : Hey ... been wondering somthing.....


    Here in Denmark the company you work for puts away some of your pay and we get 5 weeks payed vecation per year .... some places we get 5 more single days we can use when we like so a total of 30 days per year ... yeah it is nice here.

    ---------- Post added 2012-11-27 at 12:47 AM ----------

    Quote Originally Posted by Bergtau View Post
    if your employer is required to inform you of something and they don't, it is their fault.

    while this is true ... none knows if OP actualy got this told when he started .. the minds of a 16 Y/o rarely wonders about these things more going in the lines off * OMG GETTING MONEY ( so therefor sex ) !!!!*

    a good line to remember is : look after yourself ... others dont.
    Last edited by Drungan; 2012-11-26 at 11:43 PM. Reason: Edit : was sleepy...

  5. #25
    I'm sorry but I cannot take this thread seriously. How old is the OP? Where does he live? Important information left out. He's been working for 10 years and never saw/signed a contract? His sister did all the leg work to secure this job? WTF? Take control of your life!

    It is important to have a copy of your signed contract it should state everything you need to know or refer to the common law/labour law when it applies. Also, if you were surprised to know that you get paid vacation you might want to look into sick leave and other benefits you might be missing out.

    Also, like so many people have stated: Do not go all confrontational to your boss about your failure to inquire about your rights. Odds are he just never thought you would not have read your contract! Also, he's not your mother/father/babysitter. You gotta understand than when you enter the work market you gotta stand up for yourself and make your own decisions, if you don't... you're in for a world of hurt and being abused/ripped off.

    Good luck.

  6. #26
    How do you work there for years and never ask about benefits?

  7. #27
    Pit Lord aztr0's Avatar
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    Employer never informed you? Or you never asked your employer?

  8. #28
    It is possible that your pay includes your holiday allowance, in particular if you started the job as a temp/low hour person, in which case you are not elegable for paid leave.... your leave money is integrated into your pay.

    Should all be in your contract though, even if arranged by your sister ... you should have a copy of your contract laying around, go read it.
    If you are elegable you should have some nice payed vacations saved up OR did you get some kind of "extra bonus" pay at the end of the year or something?

  9. #29
    Quote Originally Posted by blankfaced View Post
    No, i was hired in at 16 and my sister filled out my application to get me the job. When i went in on my first day all that was asked of me was my address and soc #.
    So you couldn't be bothered to fill out the application. But you're upset that they (according to you) never informed you of this perk?

    In most circles that's called karma.

    Maybe next time you'll put in a little more effort and pay just that much more attention?

  10. #30
    The Patient wxcopy's Avatar
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    Quote Originally Posted by namliam View Post
    It is possible that your pay includes your holiday allowance, in particular if you started the job as a temp/low hour person, in which case you are not elegable for paid leave.... your leave money is integrated into your pay.

    Should all be in your contract though, even if arranged by your sister ... you should have a copy of your contract laying around, go read it.
    If you are elegable you should have some nice payed vacations saved up OR did you get some kind of "extra bonus" pay at the end of the year or something?
    Yes check your pay stubs. You do get pay stubs right?

  11. #31
    Herald of the Titans starkey's Avatar
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    Get your sister to bat for you, she filled out your app might as well let her talk to your boss.
    You are lying! I never hit you! YOU ARE TEARING ME APART, LISA!

  12. #32
    The man who hired me is still the boss, he's the owner of the store.
    Never thought the ask about benefits in the beginning as i was only part time (weekends only.)
    Don't recall ever being told about vacation time, never heard it mentioned, my sister who had been there for two years already didn't receive them. Even after her shift to full time she still wasn't informed of the payed vacation. As i said i took a week off while doing the 35+ hour weeks and didn't receive it, only one person there works more than 40 hrs in a week.
    I live in the U.S. in the state of Michigan.
    I don't call filling out an application for me "leg work." I'm 25 now and never signed a contract or don't recall ever signing one, 9.5 years is a long time and yes omg money was really all that was on my mind. When i made the change to full time there was no informing me of any change (pretty sure a new contract would have been in order at that time.) This deli/bagel place i work at is very unorganized and i would be extremely surprised if a contract was even involved in any way.
    And theres nothing on my paystub other than the usual taxes, soc sec, and medicare.
    I also agree as stated it is part my fault for not asking. But thats assumptions for you.
    At the end of the year i got a turkey that i had to share with my sister when she worked with me.
    I apologize for the crappy typing this time, i'm on my laptop now and i hate typing with this things keyboard.
    Last edited by blankfaced; 2012-11-27 at 12:23 AM.

  13. #33
    Check the application that was filled out for your or get a blank application for that place. Most likely that information is all in there. If not then yes its the employers responsibility to provide you with information about their benefits even if your part time. I dont recall a summer job where I didnt get that information either on the application or when I got accepted for the job.
    Like many people are saying just go talk to your boss about it when your not mad.

  14. #34
    The Unstoppable Force RICH8472's Avatar
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    Quote Originally Posted by blankfaced View Post
    The man who hired me is still the boss, he's the owner of the store.
    Never thought the ask about benefits in the beginning as i was only part time (weekends only.)
    Don't recall ever being told about vacation time, never heard it mentioned, my sister who had been there for two years already didn't receive them. Even after her shift to full time she still wasn't informed of the payed vacation. As i said i took a week off while doing the 35+ hour weeks and didn't receive it, only one person there works more than 40 hrs in a week.
    I live in the U.S. in the state of Michigan.
    I don't call filling out an application for me "leg work." I'm 25 now and never signed a contract or don't recall ever signing one, 9.5 years is a long time and yes omg money was really all that was on my mind. When i made the change to full time there was no informing me of any change (pretty sure a new contract would have been in order at that time.) This deli/bagel place i work at is very unorganized and i would be extremely surprised if a contract was even involved in any way.
    And theres nothing on my paystub other than the usual taxes, soc sec, and medicare.
    I also agree as stated it is part my fault for not asking. But thats assumptions for you.
    At the end of the year i got a turkey that i had to share with my sister when she worked with me.
    I apologize for the crappy typing this time, i'm on my laptop now and i hate typing with this things keyboard.
    Lol, they are taking the piss out of you. Look for another job as soon as you can.

  15. #35
    It's against the law to not tell you, but he would win the case because you had your sister fill out the application instead of you.
    Applications for jobs are meant to be done by the applicant, not family.
    If you had read it and then done it yourself you would of saw it.
    You may remember me from such threads as!
    http://www.mmo-champion.com/threads/...18#post8213418

  16. #36
    Quote Originally Posted by Bergtau View Post
    His fault for never inquiring about something he is legally entitled to anyway?
    That would mean he was ignorant of the law, which again is not employers fault.

    ---------- Post added 2012-11-27 at 06:22 PM ----------

    Quote Originally Posted by Bergtau View Post
    If your employer is required to inform you of something and they don't, it is their fault.
    How did other employees know? He covered vacation time of others, yet was never notified about taking his own? It was a big secret that was not kept very well? This just makes me think of metropolis and how no one could tell who superman was, because he wore glasses.

    Maybe it was on the application his sister filled out?

  17. #37
    The Lightbringer N-7's Avatar
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    Quote Originally Posted by RICH1471 View Post
    It is your fault for never inquiring, were you never curious? Do not blame your boss for your lack of initiative, and losing your temper and confronting him about it will get you on his shit list. Calm down, sleep on it and speak to him calmly and with a level head.
    This, it was your fault for not asking. I don't think that they're required to tell you every little and big bit that your entitled to.

  18. #38
    The Lightbringer Lenonis's Avatar
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    Ok, so there is a bunch of stuff in this thread, some good advice, some bad, and some just flat out weird.

    You definitely want to be calm. nothing good comes from freaking out.

    Quote Originally Posted by blankfaced View Post
    I took two vacations during that time and neither were payed for
    This is where I think the biggest problem lies. It appears that there is a policy or expectation that employees get a certain amount of time off that is paid. I'm unclear if it is a pooled sick/vacation time (just plain PTO -- Paid Time Off) or what. But the fact that you took time off that you should have been paid for and then did not get paid is quite likely a violation of labor law.

    Here is what you should do before you talk to your boss:
    1) Gather any documentation you have about time you took off that was unpaid, and whatever you have that indicates that there is a policy of paid time off.
    2) Do some research into the labor laws in Michigan to see what (if anything) the employer is required to give you.
    3) When you are ready, sit down with your boss and see what he says.

    Here are a few things to keep in mind.
    -If you don't have documentation, it will be very difficult to prove your case if you decide to take it outside of the company.
    -You should really always be sure you have an employment agreement that details these things in writing. I get this is a small family owned business (or seems to be at least) so they do things a little loosely, but the company should want that agreement as well to protect them.
    -The fact you didn't take paid vacation the last 9.5 years is ultimately your loss. The paid time off is a benefit...the fact you didn't know about it and didn't take it is ultimately your loss. You should have asked, and I think you know for next time to be absolutely sure on your benefits.
    -When you meet with your boss, get something in writing if at all possible.

    It's hard to tell from your postings if the boss is just ignorant that his staff doesn't know their benefits or if he's abusing you because you've been compliant and quiet up to this point. I'm sure the discussion with him will make that crystal clear.

  19. #39
    Pandaren Monk Slummish's Avatar
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    I don't know what it's like where you are, but where I am, 35 hours a week is how we employ people that we don't want to be eligible for full-time employee benefits...

  20. #40
    The Lightbringer Lenonis's Avatar
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