the company i work for has been purchased for the second time, the first time i was still paid for my vacation. This time my new boss says he doesnt owe me anything. its still the same company still the same name just a new GM, Owner and Payroll company. Virginia.
2006-06-20 05:05:58 · 24 answers · asked by disgrunt 1 in Local Businesses ➔ United States ➔ Washington, D.C.
Ok, let's see...I have several questions about your situation.
1- Have you lost any vacation time? Did they eliminate any accrued vacation time? If not, why would they pay you for it simply because the company was purchased? A change of ownership doesn't necessarily warrant this.
2- Are you saying that the new owners have eliminated paid vacations going forward? There's no law stating that an employer has to offer an employee paid time off.
3- Has the new owner restated any policies (which is their right to do) as a take over of new management? If not, what was the previous owner's policies? If so, are these new policies in writing and have they presented then to all employees?
4- Are you unionized? Based on what you're saying so far, I'd think not. This would be illegal based upon your collective bargaining agreement unless the union voted to accept it.
In any event, Twenty-one states do not have laws requiring employers to treat accrued holidays and vacation days as wages and don't have any court decisions saying that accrued vacation time has to be paid as wages. In those states, therefore, employers are on safer ground in not paying the terminated employee for accrued vacation time. The 21 states are: Alabama, Alaska, Arkansas, Colorado, Florida, Georgia, Hawaii, Massachusetts, Mississippi, Montana, Nevada, New Jersey, New Mexico, Ohio, South Dakota, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming.
Whatever the policy, they need be make sure that it is applied consistently. They can easily get into legal trouble if they pay accrued vacation time to one employee but not to another. If they pay one employee for accrued vacation time, they're probably committing to paying all the other ones too.
And one more piece of advice: Talk to a lawyer to be sure that they're complying with your state's laws. It could well save you a significant amount of time and money in the long run. Good luck
2006-06-20 08:01:50 · answer #1 · answered by chairman_of_the_bored_04 6 · 0⤊ 0⤋
You time is like a contract with the company. If another company purchase the one you are working for, the already know they have to pay your vacation. It is calculated in the selling price as an account payable.
When you purchase a company, you purchase receivable and payable ( revenue and debt). The balance will be considered in the selling price.
Theorical... yes... Still, don't be worry, be happy ;-)
2006-06-20 05:11:02 · answer #2 · answered by Ben 2 · 0⤊ 0⤋
All "earned" vacation is payable. If you earn 4 weeks a year and you have worked there a year you have earned 4 weeks and that must be paid to you in full. If you worked only half the year when the company is acquired you have earned 2 weeks, and that must be paid to you. Then you go on the new companys vacation schedule.
2006-06-20 05:09:47 · answer #3 · answered by Jim G 2 · 0⤊ 0⤋
As ownership of a company changes so does it's policies. In most cases policies usually don't change. However that not always the case. They could adjust your vacation and sick time. Unless you are part of a union there can be very little you can do about it. You could bring it up to a lawyer and he could tell you what the legalities are for your state.
2006-06-20 05:13:14 · answer #4 · answered by crystalwitchayer 2 · 0⤊ 0⤋
You're not owed anything. But you would be subject to the new company's vacation policy. If the policy says you get vacation time, but the boss says you don't, then you need to discuss it with your HR representative.
2006-06-20 05:10:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Well I'm no expert but it would seem to me that when a company purchases another company it also assumes it's policies and liabilities until it establishes it's own. It ultimately would depend on the laws in your state.
2006-06-20 05:10:25 · answer #6 · answered by deniver2003 4 · 0⤊ 0⤋
I would check with your state labor board. In reality they could fire you or lay you off in the company change. So no I wouldn't think they would owe you anything. It also would depend on the amount of hours you put in per week and your position in some jobs.
2006-06-20 05:10:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It depends on the company that bought it. My sister works for a company that has bought out four other companies. She works in HR there. She set the rule that said, "If you give me the personnel files, I will set up their acrued vacation and give them the seniority spelled out in the file." Other companies do not have my sister working for them. They could decide "Screw you. You want the job or not?"
2006-06-20 05:08:57 · answer #8 · answered by Anonymous · 0⤊ 0⤋
They should still owe you your vacation time. It would be bad business not to honor the seniority of employees that already worked there for years.
2006-06-20 05:08:01 · answer #9 · answered by Lanani 6 · 0⤊ 0⤋
Sounds like you are but it might be a court fight on your hands if the company is going to try and be cheap.
2006-06-20 05:07:44 · answer #10 · answered by kittenofevilness 2 · 0⤊ 0⤋