#1
So a little background, I worked for a private retailer (who brought in some $15 billion in revenue in 2012) for ten years. In April of this year I got a better job, and told them I would stick around for a few months to help them out, as they are notoriously short staffed. In June I informed them I would be leaving at the beginning of August, and upon resignation requested I have my remaining vacation days (totaling about three weeks) bought out by the company, as I was unable to physically take them. They told me that was fine, and I should expect to see that reflected on my last pay check.

By the time my last paycheck came around that money was nowhere to be found. I tried to talk to payroll about it, but they weren't their, I found an old manager and I was told it could take up to 30 days, something they never told me before, nor is it anything anyone in the union had heard of. I left messages for payroll to call me back, along with e-mails to online representatives, but they are not answering me. The union is also working on my behalf, yet it seems they are ducking them as well.

It is approaching that magic thirty day mark now. If you were me how would you handle this, would you wait for the 30 day grace period to expire before filing an official grievance, or would you do that immediately?

edit: I should point out they owe me somewhere between $800-$1,000 pre tax.
#2
my aunt's dealing with something like this right now.

i can't remember who you're supposed to go to though.

sorry.
mugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmug
#5
Quote by Weaponized
bomb them its the only way

Hey, it's Tim McVeigh! Glad to see you again man! Long time no see!

But I'd consider going to the authorities and have them deal with it or have them point you to the right governmental agency/law firm that'll help you out

If they aren't gonna play nice it'll take a while to get it sorted out and it may be expensive, which they know and are probably betting on so you wont do anything
Quote by So-Cal
Incest is wincest!

Quote by Neo Evil11
Because he's the hero The Pit deserves, but not the one it needs right now. So, we'll hunt him, because he can take it. Because he's not our hero. He's a silent guardian. A watchful protector. A Dark Anus.
#6
Should I wait the 30 days they told me it could take (after the fact), or start the process immediately?
#8
Quote by Bourbonstreet
Should I wait the 30 days they told me it could take (after the fact), or start the process immediately?

Give them the 30 days, a small business is still a small business, they still have to pay lawyer fees and don't have the best of the best on retainer like a large chain would. So there is still incentive for them to play nice.

But after the 30 days go to your local police station and ask them the best way to deal with a labor dispute like this and whether they or a local/federal agency is in charge of something like this.

But if you have down time, just Google financial lawyers in your area and potential rates for this kind of case, so if you do need them you already have it all researched and can get on them immediately

And who knows, maybe lawyering up will change their minds without any litigation necessary
Quote by So-Cal
Incest is wincest!

Quote by Neo Evil11
Because he's the hero The Pit deserves, but not the one it needs right now. So, we'll hunt him, because he can take it. Because he's not our hero. He's a silent guardian. A watchful protector. A Dark Anus.
#9
Just keep sending the payroll guys and your union rep non-stop e-mails and phone calls until you get a legit answer as to what's going on. It's your money, you've earned it, and they need to know they owe you.

Too many times I've had to deal with stupid shit like that in the past, when someone owes you money like that, you ****ing get it back and that's that.
#10
Quote by Trowzaa
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Hah, I actually posted a bunch of youtube video's on my facebook wall (not explicitly directed towards anyone) that being one of them.
#11
mugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmugmug
#12
Quote by jakesmellspoo

Aaaaand...

Yep. JG Wentworth is now stuck in my head...
Caaall JG Wentworth, 877-Cash-Now
877-Cash-Now?
877-CASH-NOW
Quote by So-Cal
Incest is wincest!

Quote by Neo Evil11
Because he's the hero The Pit deserves, but not the one it needs right now. So, we'll hunt him, because he can take it. Because he's not our hero. He's a silent guardian. A watchful protector. A Dark Anus.
#13
Quote by IWasMaiden93
Give them the 30 days, a small business is still a small business, they still have to pay lawyer fees and don't have the best of the best on retainer like a large chain would. So there is still incentive for them to play nice.

But after the 30 days go to your local police station and ask them the best way to deal with a labor dispute like this and whether they or a local/federal agency is in charge of something like this.

But if you have down time, just Google financial lawyers in your area and potential rates for this kind of case, so if you do need them you already have it all researched and can get on them immediately

And who knows, maybe lawyering up will change their minds without any litigation necessary


I wouldn't exactly call them small business, without naming the retailer, they are in 5 states, soon to be 6, have 60,000 employees, and according to Forbes is the 13th largest privately owned company in the U.S..

I have been doing some preliminary research on the subject, which is why the whole 30 day thing sounds like something they pulled out of their ass.

Thanks for the advice!
Last edited by Bourbonstreet at Aug 31, 2013,
#14
I had to deal with that about a year ago. For me it was pretty easy to get them to pay me. I had been working "under the table" so I was paid everyday and they didn't have to keep any record of me as an employee (or pay taxes on me.) They fired me (found someone to do my job for $0.50 less per hour) and owed me for 2 weeks of work. They had nothing to confirm I was an employee there so they just ignored me. However, I had kept a stamped time card that I had the shift manager sign for every single day I worked, so I threatened to file charges if they didn't pay me.
#15
Quote by Bourbonstreet
I wouldn't exactly call them small business, without naming the retailer, they are in 5 states, soon to be 6, have 60,000 employees, and according to Forbes is the 13th largest privately owned company in the U.S..

I have been doing some preliminary research on the subject, which is why the whole 30 day thing sounds like something they pulled out of their ass.

Thanks for the advice!

...Well, good chance they've got a couple decent lawyers on hand then... So, disregard the lawyer intimidation...
Quote by So-Cal
Incest is wincest!

Quote by Neo Evil11
Because he's the hero The Pit deserves, but not the one it needs right now. So, we'll hunt him, because he can take it. Because he's not our hero. He's a silent guardian. A watchful protector. A Dark Anus.
#16
They don't have to pay you dick and probably won't.
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#17
You gonna gimme what is owed this instant or I'll crack your head open with a frickin baseball bat, capisce?
Tomorrow will take us away
Far from home
No one will ever know our names
But the bards' songs will remain
Tomorrow will take it away
The fear of today
It will be gone
Due to our magic songs

ALL HAIL CELESTIA
#18
The union is your best bet. Keep in touch with them. Send letters constantly (not emails).
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OddOneOut is an Essex S&M mistress and not a pirate or a computer program.

#19
Quote by jjfeu662
You gonna gimme what is owed this instant or I'll crack your head open with a frickin baseball bat, capisce?

They don't legally owe him anything.
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#22
Quote by Jackal58


I don't know how employment law works in the states, but any written confirmation of this arrangement, whether in a letter or an email would be sufficient to make a case to a small claims court in the UK, whether they're legally obliged or not. If they have made the agreement, they are obliged to pay it, and thus will be in debt to him if they don't.
Last edited by National_Anthem at Aug 31, 2013,
#23
Quote by National_Anthem
I don't know how employment law works in the states, but any written confirmation of this arrangement, whether in a letter or an email would be sufficient to make a case to a small claims court in the UK, whether they're legally obliged or not. If they have made the agreement, they are obliged to pay it, and thus will be in debt to him if they don't.

He does not mention having any agreements in writing.
Quote by SomeoneYouKnew
You should be careful what you say. Some asshole will probably sig it.

Quote by Axelfox
Yup, a girl went up to me in my fursuit one time.

Quote by Xiaoxi
I can fap to this. Keep going.
#26
Quote by Jackal58
He does not mention having any agreements in writing.

Yep, that's the problem.
#27
TO clear up any confusion it is standard procedure to opt for the buy out method upon departure with the company and is in the hand book. Hope that clears these matters up.
#28
Dealt with this recently as a company I was working for went bust. The liquidator appointed by the bank did not want to pay out the contractual (or in fact statutory) level of holiday or back pay. Much of this won't be helpful to you probably, but I'm going to write it anyway.

What I did was the following (and last week I received a letter from the liquidator stating that everything I claimed would be paid in full):

I refused to sign anything, thereby preventing any progress from being made in the wind-up procedure as employees are preferred creditors.
I ensured that I was familiar with all the relevant legislation, best practice and precedent.
I made it known in polite, but not uncertain, terms that nothing less than the amount being claimed would be accepted.
I recorded all conversations, including one in which the liquidator engaged in professional misconduct (seeking to have me sign papers which were not completely filled in)
I then contacted the boss of the person I was dealing with, as he would not answer my calls, and made it known that I would be taking legal action within a number of days.
I threatened to picket the premises.
If the above hadn't worked I would have threatened to release documentation to the revenue commissioners showing that some accounts had been falsified. I would also have taken cases on behalf of any of the other 30 odd people he was trying to screw.


Here's the problem you'll have in following something like this. I've some experience in Industrial Relations and I have a number of people who can advise me on it; I'm also intimately familiar with the legislation and used to underhanded tactics. Ireland also has moderately favourable statutory entitlements and relatively ok arbitration to extract it from non-compliant individuals.

Make sure you know exactly what it is you are entitled to by law in terms of vacation. Make sure you know exactly what your contract of employment specified. If you did not have a contract then in many jurisdictions that is, in itself, an offense for which you can make a claim.
Make sure that any moves you make are such that you won't endanger future employment prospects.

Contact your Union Rep again and let him know your concern. There is a limit to what they can do based on the legislation in your area; however if you have a strong union and, most importantly, strong solidarity within the workplace they should be able to use other IR mechanisms to force management to engage with you. Best of Luck.
"Why should we subsidise intellectual curiosity?"
-Ronald Reagan

"Knowledge is in every country the surest basis of public happiness."
-George Washington
#30
Quote by Bourbonstreet
TO clear up any confusion it is standard procedure to opt for the buy out method upon departure with the company and is in the hand book. Hope that clears these matters up.

If it is a company policy then I'd wait the 30 days.
Quote by SomeoneYouKnew
You should be careful what you say. Some asshole will probably sig it.

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Yup, a girl went up to me in my fursuit one time.

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I can fap to this. Keep going.
#31
if it happened to me I'd kill him. but I don't know about your situation. I'm just talking about my love.

now and then I need another
sometimes I see us in a cymbal splash or in the sound of a car crash
#32
I'd be like


"Hey"


"Yo".


Nigga please.


I will shit your **** up.

Bitch nigga gimme mah money.

Mother****er where is my dough?


Nigga I need to pay rent.

Rent, mother****er, do you know it?

Shiiiiiiiiiiiiiiiiiiieeeeet.
#33
Quote by Jackal58
If it is a company policy then I'd wait the 30 days.


I will probably wait the 30 days, however I was explicitly told it would be reflected on my last paycheck (which was issued 6 days after I left). The fact is out of the people I know, and the union rep knows, who have taken that route that was the case (it being reflected on the next paycheck). Perhaps I am seeing things which aren't there, but the way it's playing out seems like the company is ducking me; not returning phone calls etc. I suppose we'll see how it plays out.
#34
Quote by Jackal58


I threatened to do that once.
And I walked out on the job with ZERO notification.
And came back 2 weeks later for the hours I worked and didn't get paid for.
I also threatened to call OSHA.
But that place had enough violations which both agencies would have been able to close them down for. Not to mention the fines they would have gotten.

The owner opened the cash register and paid me.

It was a garden equipment store (Lawnmowers, chainsaws, fertilizer, etc.).
Going on its 4th owner. And I had worked for 3 of them off and on over the years.
I was the sole mechanic there (we had up too 3 mechanics at one time).


TS, pay attention to the bolded part.
Last edited by CodeMonk at Aug 31, 2013,
#35
Quote by Jackal58


I think you're misreading that. Vacation needn't be "with pay" but if the company does have paid vacation and you have accrued it, they must pay you for it upon termination.

I'd turn this over to the state labor relations board.
“Ignorance more frequently begets confidence than does knowledge.”
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