Can employer take back vacation pay?

Discussion in 'Trucker Legal Advice' started by flashman, Nov 9, 2009.

  1. Markk9

    Markk9 "On your mark"

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    Lehigh Valley, PA
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    Very True, once the access it's over..................................How do you think most people get there life saving stolen?

    You are going to have to prove in small claims court that what the company did was wrong and get a judgment against them for what was unfairly taken.

    Mark
     
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  3. flashman

    flashman Bobtail Member

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    Nov 9, 2009
    Beloit, WI
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    Yes, I'll have to check into state law/rules. Tx. No contract. I got my 2 weeks AFTER I fulfilled my first full 2 years of employment.

    Nope, no auto deposit, thank goodness! And I haven't taken any leave of absense - worked every day including many holidays and lot of weekends...

    Yes, 2 weeks after 2 years. My 3rd year will start in March, 2010. And yup, got 2 weeks AFTER the first 2 years. I'm thinking of quiting to go with a different company and that would before 3 years possibly.

    They want me to pay back HALF of what they paid me already in vacation pay. They'll just take it out of my last check.

    I'll have to look into that one.

    LOL - like take the whole truck and drive it in the lake??

    Thanks everyone, for your replies - been on the road and was stranded in a dive overnight. Anyway, appreciate the come back - very much!
     
  4. kajidono

    kajidono Road Train Member

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    Nah, I wouldn't do thaat. :biggrin_25520:

    I did nearly park my dump truck on my supervisor's pickup while he was in it though. Guy just did not know when to shut up and leave me alone.
     
  5. Kabar

    Kabar Road Train Member

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    Pell City Al
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    Here is the facts, is it in the copmany drivers hand book? What dose it say? If it is not then it's a bluff to bully you in to staying. Tell them to go bark up anither tree.
     
  6. Crusher

    Crusher Light Load Member

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    Mar 26, 2009
    Thompson, CT
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    It works like this, your hired in March, on March on the next year your entitled vacation pay. You have til December 31 to use the vacation time. January 1st your vacation time resets (not march) and you have a full year to use it. Some companies will allow you to roll over and some will make you use it or lose it. Very few companies will pay you if you don't use it.

    If your laid-off or quit tomorrow, the company will pay you for hours worked in the week, and vacation time and bonus time if applies, that was not used. (legally they have to do this) If you quit in the next year after January 1st, your still entitled vacation time you have not used. Some cases, companies will allow you to borrow vacation time from them next year if you have no left to use. (My present company allows this all the time when the decide to shut down for weeks to save money) If this happens you might be held accountable to pay back the vacation time.

    I would sit down with someone and find out what you have for vacation time now, if any. But in the end the company can't take vacation time from you unless policy changes for some reason but in most cases this doesn't happen.
     
  7. flashman

    flashman Bobtail Member

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    Nov 9, 2009
    Beloit, WI
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    I just never heard of anything like this before. I'm 53 years old and been around the block working for a lot of companies - no one ever pulled a stunt like this.

    This is a very small company I'm driving for right now and they diddle me every way they can. My truck broke down a few weeks back - totally started on fire, man - and I got stuck in a motel. It was $54.00; I had to use my measly funds and I was totally broke from the delay. (It had also broken down 2 states up, which delayed me already...)

    Anyway, I fully expected the co. would reimburse me for the motel stay but they didn't and are refusing. Now that' some cold you-know-what. That was kind of my last straw which is why I'm checking out options.
     
    Jmurman Thanks this.
  8. Jmurman

    Jmurman Medium Load Member

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    Sep 8, 2009
    Baltimore MD
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    What company is this? I can't stand the thought of working for a company that will not maintain their equipment
     
  9. Pur48Ted

    Pur48Ted Road Train Member

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    Grand Rapids, MI
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    Ya.different story there. They aren't "required" to reimburse for your hotel/motel UNLESS it is spelled out in the DRIVERS handbook.
    HOWEVER, I (I/me) would try taking them to small claims court for the money. No need to hire a lawyer, just plead my case before a judge.
     
  10. ironpony

    ironpony Road Train Member

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    Ask my GPS...
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    You'd think they'd take care of their driver when the crummy equipment decides to go arsonist on ya!

    Its one of those things that can be deducted from your taxes, so they're probably thinking why should we bother?
     
  11. dancnoone

    dancnoone "Village Idiot"

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    Mississippi
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    It remains a 2 way street for up to 48 hours. Signed contract or not. See your banks for details.

    To the original poster: Empty your account...and leave it empty for 72 hours. Then check with your bank before depositing anything. Also check paperwork you signed at employer.

    Additionally, your are NOT entitled to vacation pay, holiday pay, sick pay...or any other type of pay outside your normal payroll. Unless you have a bidding contract or laws in your area state so.

    All you guys can argue this until the cows come home....but that's a fact.
     
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