Can your employer deduct vacation time and make you work on those same days?

by **webb** » Thu Mar 31, 2011 10:38 pm

Recently my employer has made me take 4 days of vacation time (12/272010, 12/28/2010, 12/29/2010, 12/30/2010) however I was required to work in the office for each of the previously mentioned days. I had to agree with this mostly due to them laying off over 35 employees at the start of 2010 and fearing they would do the same to me. They stated "it would make their numbers look better for the month" and they also said "we will make it up to you later in 2011." In addition to this they never paid me out for my 2009 year end bonus and have "promised" to make that up to me at a later time as well. I know some advice I will receive from others will be to look for a new employer, which I am already considering. I also feel that between the "vacation day fiasco" and the bonus still pending to be paid to me, that they have violated some labor/employment laws that I need to research. Any advice from others that have been in a similar situation or professional advice would be greatly appreciated. Thanks in Advance.

(I am employed in California and have documented communications (emails) from management asking me to take these days off and still work as well as inter-office emails with them stating they owe me my 2009 bonus but will pay me at a later date.)

C.D.

by **norwyn** » Thu Mar 31, 2011 10:42 pm

No. They don't have to provide you vacation, but if they do as a practice, then they can't make you work and take vacation at the same time. If they do, you get straight time for the work on vacation days because the vacation doesn't count for the forty hours of the regular work week.

The state won't enforce the bonus. That wasn't in any firm contract so that would take a lawsuit. Cost more than the bonus.

by **rushford79** » Thu Mar 31, 2011 10:51 pm

THIS is why you jackasssesss always biiitch about the goverment controlling everything.
You think they really do !!!!

Your employer is not required to give you vacation time, bonuses, or keep their promises, or anything else.

Other than minimum wage, employment discrimination, and OSHA regs, they can do anything they damn well please.

Remember this the next time you whiiiiiiiiiiiiine about "big government".

THIS IS WHY YOU NEED A UNION.

by **jan46** » Thu Mar 31, 2011 10:59 pm

It is illegal for an employer to make an employee use vacation days so that it appears the employee did not work to doctor their records/reports. However, you did agree to this arrangement, but did so in fear of retaliation (being laid off). In addition, your employer stated they would make it up to you in 2011 and you are still waiting to be paid for your 2009 year end bonus. Both of these issues are a violation of California Labor Laws and Federal Labor Laws.

I find the fact that your employer has documented both of these issues in writing rather peculiar and puzzling especially not having knowledge of the wording used documenting both issues. Thus, it makes the next portion of my answer harder to determine, as I do not want to advise you of your rights and what an employee should normally do in a case such as yours. However, I do advise that you do not sever your employment until both issues are resolved. As for the 2009 issue you have four (4) years to file a claim with the labor board, so I would like to get you started in the appropriate course of action.

Due to the sensitivity of your issue(s) you do not want to post your employer's name in this forum nor the contents of the documents. If you feel comfortable enough to email me with the particulars of the wording in the document(s) leaving out the employer's name, I would be more than happy to conclude the answer to your question and provide you with the best legal option available to you and can assure you that your employment can not be terminated for taking legal action.

If you do not feel comfortable with this option, you can list additional details under your question and I will conclude the answer to your question. However, please carefully choose the wording from the document(s) you list. I look forward to hearing back from you and concluding my answer.

Best wishes.

by **osmont** » Thu Mar 31, 2011 11:05 pm

What they are doing is illegal and could land them in trouble with the CA labor board. Since they promised to make it up you need to arrange to do this sooner rather than later to keep them honest.

As to the unpaid bonus ask politely that they bring it current now that year end is over and the economy is turning around.

They will take advantage of you as long as you allow it. If you are fearful of losing your job make sure all of this is documented and kept off-site in the event you need to talk with a CA Labor Board officer who can help get your back pay.

by **arber47** » Thu Mar 31, 2011 11:09 pm

Make a copy to your flash drive and print out a hard copy to bring it home.

Find a new job and get the money back through file a complain with the labor commission in your state. Consult with a employment lawyer to get a head start.

But first, find a new job. If not, you may get fire for no reason.

When the employer short on the promises, they are in deep trouble financially.

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