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jadegrniiz
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« on: September 25, 2002, 08:35:08 pm » |
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UGH! You know, it'd be really nice to be able to put DH's former employer into the past. Unfortunately, they are now giving him the run around about his last paycheck, and I need some advice.
His last paycheck is his vacation payout. 4 days worth, to be exact. He was supposed to pick up his last check this past Friday, and it wasn't there. A phone call to the home office, and they tell DH that "we're sorry... your termination papers haven't yet been turned in by your store manager, so we can't pay that out until it's been done."
The store manager quit 3 days after DH's last day, and never did it. There is no store manager in place, and the regional guy keeps telling DH "he'll get it done." Home office (as of yesterday) still hadn't heard from the regional manager, and he's not returning calls from DH, OR the Home Office on this issue.
So yesterday, the Home Office tells DH that he's not entitled to a vacation payout anyhow, because he has no vacation left. She then proceeds to tell DH 4 random days since April that he's supposedly been paid vacation time. Keep in mind now, that the regional manager has YET to file his terminination paperwork.
This is absolutely un-freaking-believable. The only time he's taken off since April is 6 days in July for our family vacation. They state they can document his vacation time in the computer, and that unless he can prove otherwise, he will not get another check. How does he prove otherwise? It's not indicated on his paystubs that he's taken anything other than those 6 days.
Isn't there a government agency we can report this to? I mean, we are relying on this check to get us thru the bumpy transition of changing jobs. We have bills to pay, and they are all now late. I have $7 in my checking account, and DH has $0.21. And he won't get paid for another week. Luckily, I get paid this Friday... but after I pay for daycare and groceries, I'm tapped out.
Ok, so who has ideas? Who can we call? And as an add-on to this, I called every employment law attorney in the county today. There is not a single attorney in this area who takes general employment cases. Only the "big ones" like discrimination and wrongful termination. No lawyers here for small potatoes.
Jadegrniiz
Deskdemon Forum Board Staff
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dwreath
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« Reply #1 on: September 25, 2002, 08:44:45 pm » |
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I will keep thinking on this ... but just a quick question/idea....
Was your hubby Salaried or hourly at this place? I believe there is a law that says companies have to keep timesheets for 7 years... but not sure where to find that out. But if that is true, and he is hourly, you should be able to demand to see a copy of the time sheet that shows those particular dates in question.
Sorry I couldn't be of more help.
D.
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jadegrniiz
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« Reply #2 on: September 25, 2002, 08:47:13 pm » |
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He was hourly. Time sheets were done on the computer at the store, and transmitted to the home office each week.
He did have some problems a few times with the manager clocking him out early every now and then, but DH saw it and always corrected it before putting his password in to transmit his time card.
Jadegrniiz
Deskdemon Forum Board Staff
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spitfire78
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« Reply #3 on: September 25, 2002, 08:49:08 pm » |
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Jade,
I'm not an HR expert at all, so I'm afraid I won't be of much help here. But isn't the paycheck stubs proof that he did NOT take those 4 days off? Obviously, they didn't pay him for them; therefore, he didn't take them.
That's about the only idea I had. I'm sure our HR experts will be answering soon with far more valuable advice!
I want to say I'm sorry for this further trouble. You and your family have had more than your share over the last year or so, and I was so hoping that things would go smoothly for you for a while at least. Hang in there and good luck!!
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donnap99
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« Reply #4 on: September 25, 2002, 08:51:00 pm » |
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For starters, I'd ask them to send you the paperwork they have that is signed by his supervisor that shows that he took those 4 days off. DonnaP99 |
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mathwhizchick
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« Reply #5 on: September 25, 2002, 09:49:17 pm » |
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Is this something for the Department of Labor? I can't find my URL listing for it--try a google search. It should bring up what you need. You then need to drill down by state. good luck.  |
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jadegrniiz
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« Reply #6 on: September 26, 2002, 12:06:42 am » |
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I actually contacted the Dept of Labor. And you know what? "Vacation is an agreement between the employer and the employee. Since vacation is a benefit payment for time NOT ACTUALLY WORKED, we cannot assist your husband."
So then, the home office calls. "Well," she tells my husband, "I've completed my accounting of your vacation time, and ACTUALLY, you OWE US for 23 hours! But, hey... if you are willing to drop this, I doubt we'll pursue the payback of salary."
Oh, what garbage is THIS? One of those weeks I wish we had an attorney in the family (seeing as we can't afford to pay one!)
Jadegrniiz
Deskdemon Forum Board Staff
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blufire21
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« Reply #7 on: September 26, 2002, 02:14:02 pm » |
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Ok, you could take this to court on your own, but it's a long shot. The first thing you need to do ask them to provide a copy of the list of date that your DH took off. Then compare your list to your DH's time cards (even though it electronic, they are required by law to print one for your DH). Basically, check the dates you took off with the dates on the time card. If you worked on those dates, then there's your proof, and the DOL can get involved because they're actually messing with money you've worked for.
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countrigal
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« Reply #8 on: September 26, 2002, 02:15:27 pm » |
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I'd ask for copies of the timecards that reflect the leave they are talking about. Then follow up with copies of his paystubs showing the hours he got paid for, his vacation time taken, etc. It's starting to sound like someone is trying to pull a fast one. The manager that left right after hubby did, was he/she the one who was responsible for putting in the time? Maybe he/she changed it, and that's how the home office records are differing from what hubby shows. I'd really want to get a copy of the home office "proof" before going further.
CountriGal
Deskdemon Editorial Board Member
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keeker
Newbie
Posts: 28
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« Reply #9 on: September 26, 2002, 04:51:17 pm » |
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I have worked for HR in the past and there are laws that require that final paychecks be cut within certain time limits or the company can face fines. I can not remember if it is state law or federal. What state are you and DH in?
Also, regarding the owed hours. What was the timeframe on his paychecks?
What I mean is did he turn in or ok his time for the 1st to the 15th on the 15 and then get paid on the 20th or did he get paid on 15th for that time and then any adjustments get made on the next paycheck?
Keeker
Fighting the heat in Sacramento
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jadegrniiz
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« Reply #10 on: September 27, 2002, 01:16:43 am » |
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So, here, I hope is the final scoop.
DH called again today, and said that he was entitled to 80 hours of vacation per year (anniv-anniv dates), and that of those 80 hours, he's taken 6 days. They stated the dates other than those 6, and would you believe? July 4th. May (whatever date was Memorial Day), and September (whatever Labor Day was). I couldn't believe it. We pointed out that those were official company holidays, and that if they do not release the vacation payout within the next 48 hours that the next time they hear from DH will be thru his attorney. That said, he was put on hold and was then assured that he'd have a check by Saturday. Amazing what a lawyer threat will do.
Jadegrniiz
Deskdemon Forum Board Staff
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