labor board question.

[Shady]

So I get a set amount of vacation time a year.

The place I work for was purchased 4-5 years ago and I have gotten that same vacation time for those years.

They just sold all the assets of this location they own several same type businesses. So they still exist as a company.

I was not paid my vacation time and with 10 months of the year gone I should be due 10/12ths of that time.

I am not out of a job as the people who purchased the asserts hired me to stay on.

They said I had a case and should contact the labor board ?

I have no clue how that kind of stuff works but its several thousand dollars. and would be nice to stick it to the man lol.

Thanks for you input

 

[Fishkiller]

It is about as clear as mud. You would need to review the company policy on vacation time. In theory you should get paid for vacation days earned and not taken. My former employer allowed 5 days of vacation roll over from one year to the next. Any vacation not taken and in excess of 5 days in a calendar year was forfeited. If one quit in midyear they paid out any vacation days that had been earned and not taken. In commiefornia all vacation days belong to the employee, once earned it is yours forever. So if you contact the labor board you may or may not have a case, depending on the company policy in effect.

This is how I think it would work, but then again I was not in HR, merely a paid employee.

 

[HawkeyeSATX]

Well, you would have to go to the Texas Workforce Commission, and ask about your said problem.

Vacation and Sick Leave

.

Accrued Leave Payouts



No Texas or federal law requires employers to make payouts of accrued but unused paid leave, although in rare instances, usually involving express contracts, some courts have required such payments to former employees. That is a matter left to employers to specify in their company policies. Thus, it is very important for employers to develop a clear, preferably written, policy regarding paid leave and follow it exactly. If the policy is silent on what happens to accrued, untaken leave, it is not enforceable under the Texas Payday Law. An example of a policy that clearly states a company's position would be as follows:

Generally, ABC Company does not pay accrued [type of] leave to employees who leave employment. Any unused paid [type of] leave is forfeited upon an employee's work separation. However, unused [type of] leave may be paid out under the following circumstances:

If an employee is involuntarily separated from employment for economic reasons as part of a company reorganization or a reduction in the workforce, the employee will receive the full balance of accrued, but unused [type of] leave.

If an employee retires from employment pursuant to the Company's retirement policy, the employee will receive the full balance of accrued, but unused [type of] leave.

If an employee voluntarily resigns from employment with at least two weeks' advance written notice, the employee will receive the full balance of accrued, but unused [type of] leave.

If an employee voluntarily resigns from employment with less than two weeks' notice, but with at least one week's advance written notice, the employee will receive fifty percent (50%) of the balance of accrued, but unused [type of] leave.

Paid or unpaid leave time may not be counted toward a notice period under this policy. Any payment made under this provision will be subject to set-offs and deductions for any amounts due or owing pursuant to legal requirements and to the wage deduction authorization agreement signed by the employee.



Hawk

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[HawkeyeSATX]

The labor laws were changed when Gov. Abbott was elected the first time. The state Senators saw fit that most of the old laws were gutted, because the new fracking industry couldn't get past, or around them. And it hindered "progress".



Hawk

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[Axxe55]

Also vacation time or pay can be dependent upon how it's administered by an individual company. Also whether an employee is salaried, or hourly, an employee, or management.

 

[HawkeyeSATX]

The only way you will be able to get paid for your vacation is, basically, if you were a signed contract employee. But even then, if the old company is no longer in business, then that's a double whammy.
So, you may have just two chances of getting your paid vacation time, 0 to None. LOL

Hawk

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[candcallen]

Now isnt exactly the best time to be looking for a job.

Just sayin.

Did you ask them?

 

[gdr_11]

Generally, the Workforce Commission should take your concern and then investigate to see if you indeed have a case. If so, they will give the company an opportunity to make you whole or to provide a vigorous defense as to why they do not owe you the money. As the law sets, the company cannot retaliate against you for going to the Commission but we all know that they can make your life miserable if they choose to do so. Sounds like you are not working directly for them though so it may be worth a try.

 

[HawkeyeSATX]

Here's another thing to consider, too.
If you do go ahead and pursue a case against the old company, if they're still in business, and make the decision to do a complaint, it is public record after asking the Workforce Commission to do so.
So, if you are looking for a job in the future, an employer will be able to bring those records up in a background check.
Just to let you know.


Hawk

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[Shady]

Thanks for the info.

I thought I made it clear in the OP. The people who purchased the assets here in TX are reopening err have reopened. I was unemployed a total of 3 minutes. And did not even know I was fired on the 8th of Oct, until the 12th of Oct. when I got a crappy typed letter that boiled down to C ya good luck in the future all 30 employees got them and the new Business rehired +-20 of the old staff.


I have been with the original company 30ish years. It started in California as my Brothers business. We came to Tx 10ish years ago. He sold it to investors 3-4 years ago.

The investors hold 2 other companies under the same LLC as this one so the business is still in operation.

I location in Tx that burned to the ground several weeks ago.

and a New facility that was built in Wisconsin 2ish years ago.


I have received set vacation for the full 30 years. The hand book from the investors that fired me has a use it or lose it clause for sick and vacation time.

I usually use the time around end of Oct-Dec.

As messed up as they seem from working for them the last few years I know its not going to be given without resistance just wondered if it was worth it as this is the first time In my life I have been fired lol. And I guess I really never was.

 

[Axxe55]

Shady, you might consult with an attorney that specializes in labor disputes and laws. They might have an even better insight into this than anyone.

 

[Shady]

Ya I am just looking for basic info. I should know on Friday <payday> if they are standup or jerks .

As far as contacting lawyers. It is a good amount of money but by the time he takes his cut. I have to miss days of work and having to get pissed about it. Its not worth the headache

If its a matter of a few calls to the labor board then I will do that. And be sure to let all the other guys know to do the same if they have not used it all.

 

[toddnjoyce]

Honestly, it’s still not very clear. What was the in effect benefits plan at time of termination?

Did that plan reflect reality?

For example, it the benefit plan said use it or lose it since 2017 but the employer did not follow that policy in 2018 and 2019, there may be grounds that an implied contract existed.

The people that make that decision are at the Texas Workforce Commission or the US Department of Labor.

Who owned what company when is irrelevant.

 

[txgirliegirl]

as your friendly HR virtual friend, if the company was sold, the new company is not under any obligation to honor the policies of the old company...

with that said, any halfway decent company who is selling off to someone else will address these issues on behalf of their (former) employees to see if any accommodations can be made.

i have been through lots of M&A in the HR world and in a nutshell, is how it typically works. however, this was all in my work outside of texas.

 

[oldag]

as your friendly HR virtual friend, if the company was sold, the new company is not under any obligation to honor the policies of the old company...

with that said, any halfway decent company who is selling off to someone else will address these issues on behalf of their (former) employees to see if any accommodations can be made.

i have been through lots of M&A in the HR world and in a nutshell, is how it typically works. however, this was all in my work outside of texas.

Can't hurt to ask the new management.

I would not recommend spending time and money going after the old company. Odds that you will come out a net positive (considering time and money spent) are not good.

Sorry for the frustration.

 

[Shady]

Honestly, it’s still not very clear. What was the in effect benefits plan at time of termination?

Did that plan reflect reality?

For example, it the benefit plan said use it or lose it since 2017 but the employer did not follow that policy in 2018 and 2019, there may be grounds that an implied contract existed.

The people that make that decision are at the Texas Workforce Commission or the US Department of Labor.

Who owned what company when is irrelevant.

The use it or lose it was year to year. If you did not use your time by Dec31 on Jan 1 you restart at the set amount of time you were due. And that amount depended on Job and time on the job.

They did make exceptions to the rule if you had a scheduled vacation and an emergency job came up you could roll over the time you had scheduled into the next year.

The rules were more verbal than written concerning time off. Other than use it or lose it.


thanks for the correct name of who to contact.

 

[Shady]

Can't hurt to ask the new management.

I would not recommend spending time and money going after the old company. Odds that you will come out a net positive (considering time and money spent) are not good.

Sorry for the frustration.

I don't want to come off as THAT GUY to new management. I will see what happens Friday.

I know the former owners did the minimum they could to keep quality workers. If I did not have so much time invested and good pay and benefits I would have dumped them a week after they took over.

 

[Shady]

Update

They do use ADP and on Oct.16th I got my final check, It did not include my sick days or vacation time.

My new employer was kind enough to contact them about the back pay. The reply boiled down to **** off.

I filed with the labor board and sent the old owner a email with info on my claim

the back pay was direct deposited today 10/30/20. I do not know if the labor department contacted them I was not contacted by the labor board and did not get a reply to my email to the old owner.

I hope some of the people who stayed on have contact info for all the employees that were let go.


I hope the old owner finds it as amusing as I do when the rest of the crew contact him about back pay although most of them are lazy shits and will probably not want to take the 20 minutes to file a claim and drop an email.

 

[toddnjoyce]

Glad to see it all worked out for you. We’re transitioning from banked time off to use or cashout and the accounting is an asspain.

Even though our bank is good for three years, that gets debited first, so to avoid cash out, the tax hit, and no 401K match on the cashout, I’ve got to use 400 hours plus another 200 hours of PTO next year.

I’ve already talked to the man and said my schedule will be Tu-Thur all year and a week off each quarter. Surprisingly, he was okay with that. Might be a bad sign, though.

 

[Shady]

Glad to see it all worked out for you. We’re transitioning from banked time off to use or cashout and the accounting is an asspain.

Even though our bank is good for three years, that gets debited first, so to avoid cash out, the tax hit, and no 401K match on the cashout, I’ve got to use 400 hours plus another 200 hours of PTO next year.

I’ve already talked to the man and said my schedule will be Tu-Thur all year and a week off each quarter. Surprisingly, he was okay with that. Might be a bad sign, though.

LOL I wish mine was even close to that. We had a use it or lose it so every year we started over was a total of 93 hours.

I hope yours works out and its a good sign at the end no bad ones.