Employment attorney

[STANMAN]

Just changed jobs and found out that despite a 2 week notice my former employer will not be paying out my vacation time. Normally not a big deal to most, but it's almost $4500 in this case. Wondering if anyone has any experience with employment attorney's and what I could expect if I were to take it to court. I mean how much do their fee's eat up or would that be covered if I won in the settlement? I have attempted to take it "up the food chain" and be polite but have been told "sorry, yeah we probably should have told you, that's our bad. Good luck in the future!". The worst thing is, they told me this AFTER I was already gone, if they had said anything I would have given a longer notice. I was given a list of items that I had to close out before I left, they were all accomplished, I thought all was good, then I call my bank on payday and poof, not only not my normal paycheck, but no payout either. I had to actually call THEM to find out that I wasn't getting it. Mad doesn't even begin to describe the emotions involved as I poured 12 years of my heart and soul into the place, and they pride themselves in their "family culture", which is VERY true, they are a GREAT company, I have gotten several people from this forum jobs there and would recommend it to anyone who would want to go there, that's why this is confusing and hurtful and very unlike them.

Any advice would be appreciated!

[jbiscuit]

If its a policy of theirs that you must give longer notice, then it is your fault for not knowing the policy or asking what that policy is. If its in writing anywhere, you are SOL. Good luck in the future! :rolf

[Irish]

I don't think they are required to pay out the vacation. It's a use it or lose it kind of thing.

Your final paycheck is another issue. Assuming you are salaried, it should have been a full check, if you worked the full pay period, for that check. If you did not, they may have pro-rated it.

Is this a privately owned company?

[STANMAN]

Privately owned. It is stated in the policy (and it has been past practice even when people have been terminated) that if proper notice has been given you will be paid out. Like I said, it's a GREAT company, which is the huge mind fuck in all this. 12 years of excellent reviews, never missed a day of work, ever, answering phone calls/emails 24/7, I mean I was never really "off the clock", I was THE go to guy (ask the people who have worked/work there now). And then boom went the dynamite.

The "stickler" that they are clinging to is that I took vacation (which was pre-approved a month in advance) for the majority of my final two weeks. Vacation calculates towards hours worked, and when I gave my notice I was given a list of things to accomplish before I left which was completed before my final day. If this was a problem, as stated earlier, why didn't they say something BEFORE I was gone, I would have been VERY willing to complete any assignment that was needed. Instead I was lead to believe everything was fine, no issues, and then shafted.

[Irish]

Privately owned. It is stated in the policy (and it has been past practice even when people have been terminated) that if proper notice has been given you will be paid out. Like I said, it's a GREAT company, which is the huge mind fuck in all this. 12 years of excellent reviews, never missed a day of work, ever, answering phone calls/emails 24/7, I mean I was never really "off the clock", I was THE go to guy (ask the people who have worked/work there now). And then boom went the dynamite.

The "stickler" that they are clinging to is that I took vacation (which was pre-approved a month in advance) for the majority of my final two weeks. Vacation calculates towards hours worked, and when I gave my notice I was given a list of things to accomplish before I left which was completed before my final day. If this was a problem, as stated earlier, why didn't they say something BEFORE I was gone, I would have been VERY willing to complete any assignment that was needed. Instead I was lead to believe everything was fine, no issues, and then shafted.

Is it a situation where you pay off your vacation throughout out the year?

Meaning if you take the vacation and quit before its accrued, you have to pay it back?

If your company's employee policy handbook states that any untaken vacation is paid out by the company, if the employee leaves under good circumstances, well... I hope you have a copy of that handbook to take to your attorney if you pursue that route.

[Car Guy]

If you know without a doubt what you did is NOT against company policy take them to small claims court. You will need to pay out for pocket for initial court costs but the judge will add those to the final judgment, if you win.

[BoosTT]

A company I worked for required a full 2 week notice to be paid your vacation days. Example: You put in your two week notice Monday morning, worked that week and your last day was Friday the following week. This was not concidered two full weeks.

[pOrk]

What's the company handbook say, exactly?

I've heard from people who have worked with you that you did nothing but play on your computer anyhow. :P

[Reverend Cooper]

I would firswt threaten a attorney,if they are wrong most times it will be enough to motivate them,if not then get one,Heinz law offices would be a place to start in Mequon.

[CATNHAT]

Good Luck man sounds like an arduous journey.

[spooln30]

File a complaint with the DWD (department of workforce development). I would look over the companies policies first and if you find out that your def owed your vac time then call the DWD first to see what steps you should take. If your able to file a complaint then the company will get a notice and will probably want to settle out of court. It will cost them more in lawyer fees then your $4500 pay owed. You don't need a lawyer to just file a complaint but if it happens to make it to court then I would get one. It would probably cost you 20%. GL

[Irish]

Wouldn't he have to call the EEOC instead of (or in addition to) the DWD?

[wrath]

What is written in the employee handbook at the time of separation is what applies. Verbal isn't worth the paper it is written on. Few employers pay cash on voluntary separation to salaried employees.

Someone in HR is probably using that money to pay for a new boat motor. Or maybe they're going to use it to purchase some company to roll into Charter Steel.

[spooln30]

Wouldn't he have to call the EEOC instead of (or in addition to) the DWD?

You know I'm not 100% sure but I had problems with my last employer and I filed through DWD. I guess all the OP can do is call one of them and figure out then. From what my dad said most companies have little print denying any Vac time payment once you quit or get fired but each company is different.

[STANMAN]

What's the company handbook say, exactly?

I've heard from people who have worked with you that you did nothing but play on your computer anyhow. :P

Only when I am not sleeping or writing people up. At least get it right!

[STANMAN]

I should have just called in sick until they fired me. The people they fire get severance packages AND their vacation paid out.