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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4967
Experience:  Extensive experience representing employees and management
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Resolved Question:

I would like to know if any employee can lock a clock for earned vacation time on one person and no others anddecide if some people can get paid for time above the 120hrs and some do not get paid for it. That it would be up to desecration of the managers.


 


This is in the state of Pa.

Submitted: 11 months ago.
Category: California Employment Law
Expert:  Joseph replied 11 months ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service.

I need a bit more information from you before I can provide you with a complete and thorough answer to your question.

Can you tell me if you believe that you are being treated differently by your employer due to discrimination based on a protected characteristic (such as race, gender, national origin, sex, or gender)?

Also, is there a policy (in an employee handbook) that states that vacation time is capped at 120 hours?
Customer: replied 11 months ago.

I am not sure if you got my last reply??


 

Customer: replied 11 months ago.

Relist: Incomplete answer. I have been waiting for 15 to get an answer to the questions that was asked of me... A message popped up that there was a problem with the page and they were working on fixing it.

Expert:  Joseph replied 11 months ago.
I did not receive your reply, no.

Please retype and resend it.

Thanks.
Customer: replied 11 months ago.

Here is what it says in our manual -

Vacation Accumulation Payment in Lieu of Vacation

 

Vacation time carries over from year to year, up to a three-week (120Hour) maximum. Employees may electe to sell back one week(40hours) of vacation to the company. This option must be exercised on your anniversary date. You should give advance notice of your intent to do so and prior approval is required and may or may not be grated based upon the discretion of Management. Vacation is a time to rest and relax from your work duties. Therefore, ______ encourages ou to use your vacation time.

 

If payment instead of vacation is approved, one(1) week of vacation is equivalent to a regular scheduled workweek at your basic straight time hourly rate.

(we all started at 0 hours in 2012)

I took 5 vacation days the first year. At my anniversary I was at 60 hours ( Aug 24). I could not put in for payment. 2013 - On 8/22 I had 185.54 I submitted a letter to receive payment for 1 week's pay and a list of dates to take vacation on the 22nd after discussing this with Management. . I was told I was denied and the clock would be locked at 120. I would receive payment for 40 hrs. to take me to 80 and i would loose 68.62. I am the only one with a lock. 2 other employees received their time. I know this because I am the HR person. I was told to lock the clock on all employees at 120 3 weeks ago. I disagreed with this procedure because I thought employees should be notified of this change before a lock could occur. I feel I was punished for giving employees this information so they could put in for their time.

Expert:  Joseph replied 11 months ago.
Hello Sarah,

I'm afraid that since your employer is in compliance with its own policy in capping your vacation accrual hours at 120 hours, it is not illegal for them to deny you vacation hours that were accrued in excess of this number, even if it were allowed for other employees (which was possibly due to an error by your employer and not intentional unfair treatment).

The only instance in which it would be illegal for your employer to treat you differently in this regards XXXXX XXXXX fellow co-workers is if they are doing so due to discrimination based on a protected characteristic. So, for instance, if your fellow co-workers are both male and your company is run by men you may have the basis for a discrimination claim on the basis of gender.

Otherwise, as an at-will employee, your employer is not obligated to treat employees equally or fairly and can decide to 'bend the rules' on vacation accrual for some employees and not others.


I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.
Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work. (If I don’t receive a positive rating, I get nothing for assisting you, as I only receive payment for questions with positive ratings. Even if you made a deposit, it is still necessary to rate me positively for me to receive payment from your question).

Thanks and best of luck!
Joseph, Lawyer
Satisfied Customers: 4967
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 11 months ago.

Thank you......

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