Yeah, this is why I no longer work for you, Jackass!
May 7, 2008 4:55 PM Subscribe
My former employer is trying to cheat me out of vacation pay I've earned. What is my recourse? State of Florida.
I work as an hourly employee(Dental Assistant). I recently left my job for another opportunity, and I gave a proper two week notice. I stayed and helped train my replacement, and thought I left with good feelings.
In my notice I stated that I was aware that I had 48 hours of vacation left unused, and that I also knew that it took two weeks for the previous two employees who left to receive their vacation balance pay-outs. I also verbalized that I was expecting those hours to be paid to me. My former employer did not indicate either that he was not intending to pay me or that I would be paid for those hours. I also had 21 hours in that pay period of working time.
I just now got home to get my mail. He has sent me a letter stating that "Enclosed you will find your final paycheck from the week of 4/26-5-1. Two vacation days were taken in January*, and I am paying you for two more."
*Out of 64 hours/ 8 days I get a year
And then in the memo part of the check he wrote "4/28-5/1+ 2 days vacation" But then the check is for 23 hours total. So even if he is trying to steal me other 4 vacation days, this check is not for 21 hours of actual worked days plus 16 hours vacation.
What should I do? My instinct is to make copies of these items, and send the check back to him with a letter stating that I am not accepting this as a settlement. And that he is breaking employment laws,,, but which ones? He has changed what was on my time sheet, plus he has changed his payment of unused vacation days policy from the last two people that I am aware of him paying vacation to.
I know that employers in Florida are not legally required to pay their employees their vacation time, unless they have already established the precedent? Is this correct? I know for a fact the last two people to leave were paid in entirety. Any advice would be greatly appreciated.
I work as an hourly employee(Dental Assistant). I recently left my job for another opportunity, and I gave a proper two week notice. I stayed and helped train my replacement, and thought I left with good feelings.
In my notice I stated that I was aware that I had 48 hours of vacation left unused, and that I also knew that it took two weeks for the previous two employees who left to receive their vacation balance pay-outs. I also verbalized that I was expecting those hours to be paid to me. My former employer did not indicate either that he was not intending to pay me or that I would be paid for those hours. I also had 21 hours in that pay period of working time.
I just now got home to get my mail. He has sent me a letter stating that "Enclosed you will find your final paycheck from the week of 4/26-5-1. Two vacation days were taken in January*, and I am paying you for two more."
*Out of 64 hours/ 8 days I get a year
And then in the memo part of the check he wrote "4/28-5/1+ 2 days vacation" But then the check is for 23 hours total. So even if he is trying to steal me other 4 vacation days, this check is not for 21 hours of actual worked days plus 16 hours vacation.
What should I do? My instinct is to make copies of these items, and send the check back to him with a letter stating that I am not accepting this as a settlement. And that he is breaking employment laws,,, but which ones? He has changed what was on my time sheet, plus he has changed his payment of unused vacation days policy from the last two people that I am aware of him paying vacation to.
I know that employers in Florida are not legally required to pay their employees their vacation time, unless they have already established the precedent? Is this correct? I know for a fact the last two people to leave were paid in entirety. Any advice would be greatly appreciated.
Have you considered that this is an unintentional error? Just ask him why there's a discrepancy between the stated intent to pay and the amount, without any judgment of intent. Go from there.
posted by mkultra at 5:23 PM on May 7, 2008
posted by mkultra at 5:23 PM on May 7, 2008
well, first of all he'd only pay you for the vacation time you've accrued. so even if you get 8 days a year, that doesn't mean you earn it january 1 on every year. you probably accrue a day a month, or whatever. so, it being may, you've probably only accrued 4 or 5 days anyway.
so, he's not obligated to pay you for vacation time you haven't earned.
that said, if he meant to pay you for the vacation time you HAVE earned, i would just send him back a copy of the check, note the math error, and tell him that according to your calculations, it should work out to $xx. don't send him back the check, but don't deposit it either. just let him know. it may just be a simple mistake.
posted by thinkingwoman at 5:25 PM on May 7, 2008
so, he's not obligated to pay you for vacation time you haven't earned.
that said, if he meant to pay you for the vacation time you HAVE earned, i would just send him back a copy of the check, note the math error, and tell him that according to your calculations, it should work out to $xx. don't send him back the check, but don't deposit it either. just let him know. it may just be a simple mistake.
posted by thinkingwoman at 5:25 PM on May 7, 2008
Response by poster: I don't accrue vacation time. The 64 hours were mine on January 1st of this year. The hours were earned for working the entire calendar year of 2007. I began working there in October of 2004 and did not get vacation time until January 1st, 2006. I got one week (32 hours) to use in the calendar year of 2006. Then January 1, 2007, I got two weeks to use in that year. These vacation hours that I have already, are for this year, I could have used them up already, and should have, had I known I'd be leaving.
posted by Jazz Hands at 5:30 PM on May 7, 2008
posted by Jazz Hands at 5:30 PM on May 7, 2008
Response by poster: Oh, when I said I left on good terms, what I meant was, I kept a good attitude and worked hard for him. When I tried to say goodbye to him on the last day, he didn't even want to look at me. I had to say to him, "Don't I even get a hug?" He didn't even want to touch me. In the past, we always hugged when we were breaking for holidays or vacations. I knew his feelings were hurt, but I remained friendly and professional.
posted by Jazz Hands at 5:33 PM on May 7, 2008
posted by Jazz Hands at 5:33 PM on May 7, 2008
You either have hours left that were rolled from 2007 (with agreement). Or you likely have a fraction of your vacation for this year. This is usually pro-rated on a weekly basis.
If you'd used all your 2008 allowance at the beginning of this year, you'd have owed them money.
Your recourse is to lawyer up. But I don't know if it would do you any good in this case.
posted by TrashyRambo at 7:15 PM on May 7, 2008
If you'd used all your 2008 allowance at the beginning of this year, you'd have owed them money.
Your recourse is to lawyer up. But I don't know if it would do you any good in this case.
posted by TrashyRambo at 7:15 PM on May 7, 2008
I would also assume that the vacation is pro-rated for the calendar year. You may have been able to take all of your vacation in January, but you would owe the money back if you left through the year. If this is the case, I would also assume he intended to give you more than he owes you by giving you half your total vacation, even though you only worked a third of the year. I suspect if someone quit in September or October, he would just give them all their vacation anyway.
As for the discrepancy, it appears as if he meant to pay you for 2 days vacation but it was somehow entered as 2 hours. If he does not cut the cheques, it may have been a miscommunication, or simply an honest mistake. I would try to resolve it amicably if I could.
And why was I not told on career day that Dentists in Florida get to hug their assistants?
posted by Yorrick at 7:24 PM on May 7, 2008
As for the discrepancy, it appears as if he meant to pay you for 2 days vacation but it was somehow entered as 2 hours. If he does not cut the cheques, it may have been a miscommunication, or simply an honest mistake. I would try to resolve it amicably if I could.
And why was I not told on career day that Dentists in Florida get to hug their assistants?
posted by Yorrick at 7:24 PM on May 7, 2008
Response by poster: My new bosses husband is a lawyer, so I'm going to pick his brain. I understand that legally, he probably doesn't have to pay. However, I'm going to try to appeal to his sense of fairness and honor. He did pay his last two employees who left their vacation balance, so the precedence is there.
And I can't explain it any plainer about how the vacation time works. I had to work a full calendar year to be able to use the first week vacation. The time is to be used in the next calendar year, regardless of when. (So in the first two years of employment you only get one week.) I could have used it all up in January and then not be able to use vacation until the following January. I realize it is different than corporate world. But every dentist I have ever worked for does it this way.
Except one, that one did let you accrue vacation, one week after 12 months of employment, but after a year, when you already had the 40 hours in the bank, you then started accruing one day every 5 weeks.
posted by Jazz Hands at 7:31 PM on May 7, 2008
And I can't explain it any plainer about how the vacation time works. I had to work a full calendar year to be able to use the first week vacation. The time is to be used in the next calendar year, regardless of when. (So in the first two years of employment you only get one week.) I could have used it all up in January and then not be able to use vacation until the following January. I realize it is different than corporate world. But every dentist I have ever worked for does it this way.
Except one, that one did let you accrue vacation, one week after 12 months of employment, but after a year, when you already had the 40 hours in the bank, you then started accruing one day every 5 weeks.
posted by Jazz Hands at 7:31 PM on May 7, 2008
Response by poster: Yorick, that cracks me up! I hug a lot of people, I'm a naturally touchy-feely person. Luckily, almost every dentist I've worked for has been a really cool person. I even worked for one boss, who at his annual Christmas party, lined up his staff to pay us our holiday bonus. According to breast size!. Far from being offended, it was pretty funny. (Now if the bonus size had been adjusted to correspond, that would be wrong) But I can be fairly politically incorrect and I don't go out of my way to feel offended.
Back on subject, I am going to send him a letter explaining that I feel like he should do what I feel is fair, we'll see how that goes before actually getting more serious.
posted by Jazz Hands at 7:58 PM on May 7, 2008
Back on subject, I am going to send him a letter explaining that I feel like he should do what I feel is fair, we'll see how that goes before actually getting more serious.
posted by Jazz Hands at 7:58 PM on May 7, 2008
2nding the suggestions to not attribute to malice what might just as easily be explained by simple mistake.
If it turns out that he is trying to screw you, your one and only recourse is to hire (not pick the brain of) an attorney.
I wish I had a dollar for every AskMe question that could be more quickly, easily, and definitively settled by heading in for a free consultation with a local attorney who practices in a relevant area of law.
posted by toomuchpete at 10:14 PM on May 7, 2008
If it turns out that he is trying to screw you, your one and only recourse is to hire (not pick the brain of) an attorney.
I wish I had a dollar for every AskMe question that could be more quickly, easily, and definitively settled by heading in for a free consultation with a local attorney who practices in a relevant area of law.
posted by toomuchpete at 10:14 PM on May 7, 2008
Consider that by hiring an attorney, you're likely to go through much of what you're owed fairly quickly.
I think you need to call the guy (not write or have a lawyer write) and in a friendly manner say you were expecting the vacation pay. Maybe he forgot, or maybe he has another take on things. Then if you still feel you're getting screwed you can get a lawyer. By getting your employer's side of the story you're taking out much of the legwork for your attorney, and a friendly call is an attempt to settle the dispute without showing your ugly side. If you get all feisty off the bat, you're more likely to have the opposite of your desired effect.
posted by b_thinky at 11:56 PM on May 7, 2008
I think you need to call the guy (not write or have a lawyer write) and in a friendly manner say you were expecting the vacation pay. Maybe he forgot, or maybe he has another take on things. Then if you still feel you're getting screwed you can get a lawyer. By getting your employer's side of the story you're taking out much of the legwork for your attorney, and a friendly call is an attempt to settle the dispute without showing your ugly side. If you get all feisty off the bat, you're more likely to have the opposite of your desired effect.
posted by b_thinky at 11:56 PM on May 7, 2008
It's not clear to people here how you accrued the time, so you should attempt to make it a lot more clear. Then ask him for it. If you don't get it, your state has a labor relations office, and an attorney general's office. Seek their help before lawyering up.
posted by theora55 at 11:31 AM on May 8, 2008
posted by theora55 at 11:31 AM on May 8, 2008
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