I have called the labor board anon before on an old employer that was working the part timers at 40 hours a week, but not offering us any of the perks.
They had to offer a full time job to them.
I have called the labor board anon before on an old employer that was working the part timers at 40 hours a week, but not offering us any of the perks.
They had to offer a full time job to them.
ihayes wrote: Call the state labor board. It's why they exist. The company will fall in line once they realize the penalties involved, and this is cheaper than a lawyer.
That's what I've been telling her to do. We really didn't know if we had any grounds to do so however. Just because I think it's wrong doesn't necessarily make it so.
I wouldn't do anything until after your wife leaves...and know for sure what is happening..but not paying sick or vacation in full will result in additional money to the employee. Time and a half plus penalties if the laws are similar to here...so it's not something companies usually mess with. Match on a 401k can be delayed legally I think. In any case give the labor board a call...it just costs a bit of time for some free advice...and they will tell you how to prepare and what steps you'll need to take. (I had a similar situation)
nicksta43 wrote:ihayes wrote: Call the state labor board. It's why they exist. The company will fall in line once they realize the penalties involved, and this is cheaper than a lawyer.That's what I've been telling her to do. We really didn't know if we had any grounds to do so however. Just because I think it's wrong doesn't necessarily make it so.
That is what they are there for. Call them and ask the question. If it's acceptable, then no foul. If not, you can go from there.
ihayes wrote: I wouldn't do anything until after your wife leaves...and know for sure what is happening..but not paying sick or vacation in full will result in additional money to the employee. Time and a half plus penalties if the laws are similar to here...so it's not something companies usually mess with. Match on a 401k can be delayed legally I think. In any case give the labor board a call...it just costs a bit of time for some free advice...and they will tell you how to prepare and what steps you'll need to take. (I had a similar situation)
not a lawyer …. but the earned vacation time is her's … don't see how they can keep it, UNLESS it's like a place where I worked once … you were given your vacation time at the start of the yr. (prior to having "earned" it)
and unless there's an agreement in place, I don't think they have to pay for unused earned sick time … I had nearly 3000 hrs of sick time on the books when I retired and didn't get anything for it … but I did get paid for earned vacation time
different for my Dad ( worked for the state) he was able to retire 2 - 3 yrs early because of accrued vacation and sick time
People keep mentioning not getting paid for sick time... Why would you get paid for unused sick time? You didn't get sick. It isn't vacation time, so don't abuse it.
That annoys me, becuase I know that people at my company use it that way. I am really on board with the companies that give you 4 weeks off, use it how you want--that includes vacation, PTO, and sick days. Because in 2 years, I have accumulated 10 days of PT--the max that you can have. In 2 years, I have used 1.75 days of it. One was for a concussion--meanwhile, the girl in the cubicle next to me, and the guy in the cubicle kiddy corner to me, both have probably used 4 this year alone (6 months). That just doesn't seem right to me.
Part of the reason for this, is that they aren't really sick (well, maybe the girl is--but the guy is probably just hungover).
hey … that can be considered sick 
mtn wrote: People keep mentioning not getting paid for sick time... Why would you get paid for unused sick time? You didn't get sick. It isn't vacation time, so don't abuse it. That annoys me, becuase I know that people at my company use it that way. I am really on board with the companies that give you 4 weeks off, use it how you want--that includes vacation, PTO, and sick days. Because in 2 years, I have accumulated 10 days of PT--the max that you can have. In 2 years, I have used 1.75 days of it. One was for a concussion--meanwhile, the girl in the cubicle next to me, and the guy in the cubicle kiddy corner to me, both have probably used 4 this year alone (6 months). That just doesn't seem right to me. Part of the reason for this, is that they aren't really sick (well, maybe the girl is--but the guy is probably just hungover).
Company I work for does the PTO thing.. use it for vacation, sicktime, or anytime.. and they encourage you to use it. They want you taking time off to get away from the stress of work and recharge. You should consider taking a vacation with some of that time you have banked.. a few days off from work will not kill you.. it might even help you
mad_machine wrote:mtn wrote: People keep mentioning not getting paid for sick time... Why would you get paid for unused sick time? You didn't get sick. It isn't vacation time, so don't abuse it. That annoys me, becuase I know that people at my company use it that way. I am really on board with the companies that give you 4 weeks off, use it how you want--that includes vacation, PTO, and sick days. Because in 2 years, I have accumulated 10 days of PT--the max that you can have. In 2 years, I have used 1.75 days of it. One was for a concussion--meanwhile, the girl in the cubicle next to me, and the guy in the cubicle kiddy corner to me, both have probably used 4 this year alone (6 months). That just doesn't seem right to me. Part of the reason for this, is that they aren't really sick (well, maybe the girl is--but the guy is probably just hungover).Company I work for does the PTO thing.. use it for vacation, sicktime, or anytime.. and they encourage you to use it. They want you taking time off to get away from the stress of work and recharge. You should consider taking a vacation with some of that time you have banked.. a few days off from work will not kill you.. it might even help you
It probably would, but they are not vacation days, they are sick leave days.
All the studies point to the idea that a 2 week vacation is extremely beneficial to production--meaning, 2 weeks straight. I have 2 weeks total for the whole year 
I guess it is actually 13 days, but still lousy.
In reply to mtn:
Your company should do what we do. If you call out sick they can call or visit your home. If you go to the dr, drig store ect call out and in and if you have more than three occurances in a year, establish anything they think is a pattern or use to many days you go on the sick abuse list and you need to bring in doctor notes. I haven't taken a sick day in three years and am on the list from using too much time after a car accident in 2006. They prefer we don't use any of our time off, sick, vacation, holiday ect.
Wally wrote: In reply to mtn: Your company should do what we do. If you call out sick they can call or visit your home. If you go to the dr, drig store ect call out and in and if you have more than three occurances in a year, establish anything they think is a pattern or use to many days you go on the sick abuse list and you need to bring in doctor notes. I haven't taken a sick day in three years and am on the list from using too much time after a car accident in 2006. They prefer we don't use any of our time off, sick, vacation, holiday ect.
In a different time, our company actually sent a nurse out to your house if you called in sick 
I'm not sure it was sick time. I may be using the wrong term or have it backwards or something. She goes on and on about it and sometimes I tend to tune her out.
(She reads posts here sometimes, she finds this group funny, so I'm probably in trouble now
)
mtn wrote:Wally wrote: In reply to mtn: Your company should do what we do. If you call out sick they can call or visit your home. If you go to the dr, drig store ect call out and in and if you have more than three occurances in a year, establish anything they think is a pattern or use to many days you go on the sick abuse list and you need to bring in doctor notes. I haven't taken a sick day in three years and am on the list from using too much time after a car accident in 2006. They prefer we don't use any of our time off, sick, vacation, holiday ect.In a different time, our company actually sent a nurse out to your house if you called in sick
Sweet!
They can get me some IV fluids to get over my hangover more quickly!
I suppose a lot depends on the terms of employment.
Verbal company policy.
Written contract.
Union
At Will.
State labor laws.
nicksta43 wrote: She was then informed that the person they were going to hire to replace her is getting paid twice her salary and will still have to delegate part of her responsibilities to the other two people who work in the office. They have slapped her in the face and gloated about it. If we didn't need the money for the move I'd tell her just to walk away.
Holy hell If she was a dude I'd ask whos wife she screwed, but what caused the company to get such a hate-on for her?
GameboyRMH wrote:nicksta43 wrote: She was then informed that the person they were going to hire to replace her is getting paid twice her salary and will still have to delegate part of her responsibilities to the other two people who work in the office. They have slapped her in the face and gloated about it. If we didn't need the money for the move I'd tell her just to walk away.Holy hell
She was told flat out that because she doesn't have a degree she's not worth more than 23k a year. It doesn't matter what she can do, or has done. She was asked what it would take to make her stay. She responded with 30K. She was laughed at. She said you told me the girl you're going to replace me with will get 45K? The response was she has a degree and you don't. It's berkeleying ridiculous. And she is the black sheep of her family because she didn't finish college. I mean completely outcast.
nicksta43 wrote:GameboyRMH wrote:She was told flat out that because she doesn't have a degree she's not worth more than 23k a year. It doesn't matter what she can do, or has done. She was asked what it would take to make her stay. She responded with 30K. She was laughed at. She said you told me the girl you're going to replace me with will get 45K? The response was she has a degree and you don't. It's berkeleying ridiculous. And she is the black sheep of her family because she didn't finish college. I mean completely outcast.nicksta43 wrote: She was then informed that the person they were going to hire to replace her is getting paid twice her salary and will still have to delegate part of her responsibilities to the other two people who work in the office. They have slapped her in the face and gloated about it. If we didn't need the money for the move I'd tell her just to walk away.Holy hell
I know it's not the point, but maybe finishing the degree should become a part of future plans.
It is VERY Common to have a last day rule to get a company contribution in a retirement plan, a match in this case. So if you are not employed on the last day of the plan year, then no match. They are required by law to give your wife a SPD (Summary plan description). And the last day rule should be clearly stated.
Let's not jump to "Lawyer up" without looking at information they probably handed her 5 years ago. (But I do think they are Jerks about the pay.)
spin_out wrote: It is VERY Common to have a last day rule to get a company contribution in a retirement plan, a match in this case. So if you are not employed on the last day of the plan year, then no match. They are required by law to give your wife a SPD (Summary plan description). And the last day rule should be clearly stated. Let's not jump to "Lawyer up" without looking at information they probably handed her 5 years ago. (But I do think they are Jerks about the pay.)
Vacation is the issue. Typically, once you "have" vacation, it cannot be taken away.
In reply to Datsun1500:
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