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I worked with this company for 19 years and they laid me off. I am working only part time now. About 2 days a week. I was told to collect for unemployment for the 3 days off. I applied for unemployment and they approved. But recently the employer forced me to sign for my vacation time and I wouldn't. Then when I received my biweekly check I see that they put in my vacation time anyways for the days I wasn't working. I believe this is wrong. I won't have any vacation time left if I get my full time hours back. This is also will make me look like I am stealing from the government since I am receive checks from them. I don't know what to do now, please can someone point me to the right direction?

Thank you in advance.

Jackie

2007-03-02 12:25:14 · 9 answers · asked by jackie 1 in Business & Finance Careers & Employment

I want to thank everyone for their help with this problem.

I did call labor law of Pennsylvania and they told me that PA law states that the vacation, holiday pay, and benefits are all privileges given by the employer. The employer is not required to offer any of these. So to answer my question, it is not illegal what the employer is doing to me.

I think this is total bull. If this is the law then no one will want to work for you.

Maybe I'm talking to the wrong person.

2007-03-05 10:14:37 · update #1

9 answers

I know it is legal for them to lay you off and pay out your vaction time when they do actually lay you off. As this is something that is earned and you are not working for them.

However, since you are still working for them just at reduced hours I am not sure if that is technically considred being layed off or just a reduction in hours. I think they have to give you the option to use vacation or not, but I am not positive. One factor might be any policies they have on accrued vacation, such as you are only allowed to have x number of days at any one time. If you are over that they may be forcing you to burn it off.

You might want to ask the Unemployment office what the regulations are. If it is illegal they will definatly tell you and go after the employer, if it is not at least you told them and may just have to take the vaction time. Even though you have been at this company for 19 years you might want to take this "time off" as a chance to get a better more stable job.

2007-03-02 12:40:43 · answer #1 · answered by OC1999 7 · 0 0

Your Vacation time and your employment time is separate from each other.The company has to pay you for your vacation time.Go draw your unemployment.Trust me on this one.I've had to deal with this issue myself last year.You have no fear of the unemployment office ever trying to hold this over your head.Your vacation pay is your money.You've already earned it.Your best move at this point is to call the labor board and ask for advice.Your employer is making sure that you take this because if you don't you may not ever get your full time hours back.This best place to start is the Labor board.

2007-03-02 20:49:35 · answer #2 · answered by Tommy H 3 · 0 0

First you must sign up for unemployment compensation.
You must give them the date you were listed as unemployed.

You need to tell the UC office what the company is doing.
Only the UC office can help with the answers.

I was unemployed years ago but the regulations change all the time, and they vary from state to state.
GOD bless us always.

2007-03-02 20:34:19 · answer #3 · answered by May I help You? 6 · 0 0

If you are not agreeable to using vacation time and they have laid you off you shouldnt in myopinion have to use the vacation time. The partial benefits you are likely filing for will be inaccurate and you need to talk to a employment attorney. I am fairly sure since you didnt sign for the vacation the company is pulling strings trying to short you vacation. Be totally upfront with the unemployment people and bring it to them before they bring it to you. be proactive, keep VERY detailed written records and have witnesses present during every conversation with the employer. Ask them in writing to explain in writing what they are doing and why. Log all your working hours including dates, times , break tiomes and who was working with you every day. Good luck!

Zilla

2007-03-02 20:33:21 · answer #4 · answered by zilla 2 · 1 1

Report your company to the department of labor. They can't take out your vacation without you signing it, make sure you are able to give the vacation time back - meaning don't spend it. If your employer get's in trouble you will have to pay someone back.

2007-03-02 20:31:03 · answer #5 · answered by zeebarista 5 · 0 1

If this is a temporary layoff I don't think they can make you take your vacation. However, if you don't think you will be returning (even if it is a temporary layoff) you will probably make more money by taking your vacation time in lieu of your unemployment.
If you feel you will be returning, it would probably be a good idea to talk to the unemployment office's supervisor.

2007-03-02 20:36:02 · answer #6 · answered by barnabas10 1 · 0 0

Good question.

I'm positive your employer would help place you
with a professional outplacement service.

This is an opportunity to advance your career as
a result of your encounter with corporate displacement.

2007-03-02 20:39:18 · answer #7 · answered by 1090 4 · 0 0

Call the Labor Board in your State. They would know.

2007-03-02 20:31:13 · answer #8 · answered by Kelly 3 · 1 0

I don't think this is right or legal. Talk with a lawyer about it.

Good luck!

2007-03-02 20:33:13 · answer #9 · answered by Tigger 7 · 0 1

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