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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11454
Experience:  Licensed Texas General Practice Attorney
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Hello, Im currently a Visual Director for a small company

Customer Question

Hello,

I'm currently a Visual Director for a small company with about 50 employees. My role consist of many job descriptions and endless hours. I been directed to attend meetings on Saturday and Sunday / mandated to work Saturdays and Sundays of events / and work on Holidays. Since February 23rd til July 20th, I have worked with minimal days off and have asked for these days back. My response today from my employer was "Your a director, you don't get paid for extra days or comped"..... I have to say that the bonus at the end of the year of a thousand dollars doesn't say thank you in anyway.
A total of 44 days was submitted for comp-days and It looks like they are lost ...

What can I do about this situation

Your truly,
R.JR
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. Are there any employment policies in place governing the granting of comp time?

ScottyMacEsq :

(and anything that determines who does and who does not get the comp time?)

ScottyMacEsq :

Did you see my follow up question to your issue?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. Once you respond to my follow up question, I will respond as soon as I can. Please note that I may be assisting other customers or otherwise out of the office (depending when you respond). Thank you.

Customer : There are no policies in place ... The employee hand book was last updated 8 years ago. I have been paid for additional days in the past and have proof of payment and documents to support it
ScottyMacEsq :

And to be clear, you were in your current role when you were paid for these days?

ScottyMacEsq :

In the situation where you have received a benefit unconditionally (and not merely gratuitously, that is, in a discretionary manner) and there has not been a change in your job role, then you could claim "course of conduct" as your basis for receiving that benefit. Your employer would need to give you notice before changing the terms of your employment to where you would no longer be getting comp days. As for how to claim these, however, that's a bit more difficult. While you could make a claim with the NY Department of Labor, most of the time when the claims are of a non-wage type, they won't get involved. You could take it to small claims court (if the amount claimed is less than $5,000) or regular court (where you would have a higher burden of pleading and proof).

ScottyMacEsq :

Another issue is that if you were to take this to court, that does not guarantee that you would retain your position. There is no antiretaliation statute in place for such a situation (making a claim for unpaid benefits rather than wages).

ScottyMacEsq :

As such, your employer could terminate you merely out of retaliation, and it would be completely legal (unless in conflict with some other provision of the written employment contract).

ScottyMacEsq :

*employment policies

ScottyMacEsq :

So ultimately whether or not you would bring such a claim would be based upon an analysis of the risks involved, how likely your employer would be to retaliate, and whether or not you would be okay being terminated for making such a claim.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, and again, good luck to you!

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