Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

We are a WA state LLC-P with less than 30 employees. I have

Customer Question
We are a WA state...
We are a WA state LLC-P with less than 30 employees.I have an employee who claimed to have 'worked' on vacation. He is a salaried, full-time, exempt employee. He recorded the time in our time keeping system. No one approved the time sheet (we don't have a policy to approve, we just collect data for analysis). And, he is known to inflate his hours.Now he wants to have vacation compensation for hours he claimed to have worked. I disagree because he is super manipulative and I want to say no. What is the best approach?Here is my proposed reply …
We do not have a policy of working on vacation. It’s no longer vacation then. I do not ask or instruct you to work on vacation. See the email below … it *encourages* you to *NOT* work. But I extended a one-time courtesy because you asked for it. You then proceeded to work a large number of hours to offset most of the time you took off. Convenient!I did not authorize work on future vacations. Also, I have no control over your hours and how you use/record them. Your track record indicates excessive hours spent on work items that should be done quicker.Also, there are many other personal days you haven’t reported. E.g. when you were dealing with your eye issues recently or other times you attended to Beth, I do not recall. Have you been as precise keeping a track of that?Another issue, we agreed you would come into office twice a week. You haven’t followed through on that consistently. Am I to assume the weeks you didn’t come in, were days off?DylanHis earlier response:
The time off for Beth I believe you are speaking about was 2/8/2016-2/11/2016 (row 6 below) which I did not formally ask for as time off. *Note* I did record the time off in HarvestApp during those days.
I’ve consolidated all the vacation that I’ve taken, along with the hours worked while on vacation (as instructed in your email of 3/31/2015 below) and netted out the vacation time.
Here is a summary of my calculations:
Rather than being 80 hours behind, by my calculation, using your rules, I am 22.17 hours ahead currently. But Cecily please share your data if you have different data points.
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Customer reply replied 1 year ago
The additional email chain.Hi Bill,So we can compute a complete picture, can you also please send a detailed list of the hours you were unavailable due to medical and other persinal issues for yourself and your wife? Those count as sick days / personal days per the company handbook.Thank you,
Dylan~*~*~*~*~
Cecily,
Can you share with me your data that brought you to the conclusion that I’m over drawn by 80 hours?
In absence of data complete, I can supply the signed contract I sent to Dylan in 2014/09/28 that clearly states on page 4 that I have 15 days of vacation per year, highlighted in yellow by Dylan as 3 weeks of vacation was the last negotiated component of my package. There was an earlier unsigned version of the contract (initial offer) that stated 2 weeks of vacation. But the attached is the authoritative version.
I have worked at Neal for 2 years and have attempted to take 3 weeks of vacation per year. One week of which, I worked 34 hours (Holy week, ArcaContinental 2015) so I should have approximately 34 hours of vacation credit. No 80 hours of deficit.
But, please share your data so we can all get on the same page?
Best Regards,
Bill~*~*~*~*~
Hi Bill,
Your vacation balance is at negative 81 hours. I will take this as unpaid leave over the next two months- 40 hours in October and 41 hours in November.
From the Neal Handbook: Approved vacation will be paid out of accrued vacation/personal days hours. If you do not have enough vacation/personal time off hours accrued, all time off in excess of your accrued hours will be recorded as time off without pay.
Cecily
Answered in 21 minutes by:
11/1/2016
Employment Lawyer: Ray, Employment lawyer replied 1 year ago
Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 43,484
Experience: 30 years in Employment law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Employment Law Question
Employment Lawyer: Ray, Employment lawyer replied 1 year ago

I think you have set this out well.You do not owe this employee any pay here or leave.He is on salary for that matter no overtime here is paid for someone that is exempt as a salaried employee.I think you have set this out well and described what the true facts are.I would stand on your email here and do not back down or give in.It is a reasonable and accurate response to his email.

I appreciate the chance to help you tonight.Thanks again and Happy Halloween.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Thanks for your quick response. However, I do not understand it. You seem to be comenting on overtime for an exempt employee which I understand. But my issue is work when on vacation.You said: "You do not owe this employee any pay here or leave."
Did you instead mean " ..... on leave."?The only possible claim is the email which is alluding to where he claims I authorized his work. See attachment. Is that material?
Employment Lawyer: Ray, Employment lawyer replied 1 year ago

I don't see that you authorized this only that you would discuss it upon his return.Big difference here.I think you have handled this professionally and under the terms your company sets out.Again I don't see that you authorized anything here.He is stretching this and the email does not support that you did only to agree to discuss it upon his return here.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Ok, thanks! To be sure I understand what you wrote:"He is stretching this and the email does not support that you did only to agree to discuss it upon his return here."Do you mean ...
He is stretching this and the email does (deleted "not") support that you did only (deleted "to") agree to discuss it upon his return here.
Employment Lawyer: Ray, Employment lawyer replied 1 year ago

Yes thats correct what he is claiming is not what the email says.Email says that you would discuss it thats it.Nothing more it does not authorize anything in my mind.I think you are on firm ground here --all that was agreed was to discuss the matter period.

Thanks for the chance to clarify here.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Hi Ray,I'm having a tough time following the trail of evidence and logic. Example: in my email, I didn't say "I would discuss it"; "I said I would adjust it." So not sure where you got that from.Also, your punctuation, grammar, and sentence construction is off. Altogether, I'm sorry to say it but I'm not comfortable with the answer.At this time, after talking to Customer Service, they advised that I request you to opt out so they can re-assign. As a consideration for your attempt to help, I avoided rating you a low score. I hope that helps.Thank you!
Dylan
Employment Lawyer: Ray, Employment lawyer replied 1 year ago

Dylan sorry you weren't happy, be happy to opt out.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
Has the opt-out / re-assignment been completed?
Employment Lawyer: hrpro37, Sr. Director, Human Resources replied 1 year ago
hrpro37
hrpro37, Sr. Director, Human Resources
Category: Employment Law
Satisfied Customers: 119
Experience: 10+ years of experience in human resources roles with a specialization in employment law
Verified

Hi Dylan,

Thanks for using JustAnswer. New expert here with 10+ years of experience in human resources with strong experience in pay laws (including vacation pay requirements). Let me know if you are still needing help and we can chat.

Thanks,

Amber

Ask Your Own Employment Law Question
Ask hrpro37 Your Own Question
hrpro37
hrpro37
hrpro37, Sr. Director, Human Resources
Category: Employment Law
Satisfied Customers: 119
119 Satisfied Customers
Experience: 10+ years of experience in human resources roles with a specialization in employment law

hrpro37 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
An employee was hired for a healthcare salaried position for
An employee was hired for a healthcare salaried position for $60,000 per yr. Salaried position stated employee is expected to work 50 hour work week. Employee took off one day and was paid for 72 hour… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,946 satisfied customers
I am on a guaranteed salary to take care of delivering to
I am on a guaranteed salary to take care of delivering to two customers our company has in the Kansas City area. I am designated as dedicated to these two customers. the number of loads per week vary.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Our manager that is paid salary works as a server and takes
Our manager that is paid salary works as a server and takes tips is this fair? Or even legal? All other employees get paid minimum wage … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,912 satisfied customers
Can a 1099 be asked to sign an employee handbook? Not a
Im in Texas the company is in California. Work at Will … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
I have been working for a company as a salaried employee for
I have been working for a company as a salaried employee for over a year. The project I was working on has ended. The company wants me to do another position but hasn't really explained what they want… read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
Can a fully exempt salaried management employee be docked on
Can a fully exempt salaried management employee be docked on an hourly basis? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Are Salaried employees entitled to any compensation for
Are Salaried employees entitled to any compensation for overtime work … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have an employee that was on salary and often pay was
I have an employee that was on salary and often pay was delayed. but agreed by employee. employee quits for non payment. employee is now paid 16 paychecks $21,000 plus extra $4,000 gift. severance. ch… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
What are the salary requirements for a Exempt employee in
What are the salary requirements for a Exempt employee in the state of Texas for 2017? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,081 satisfied customers
When in manager is a salary week and work for the company
When in manager is a salary week and work for the company for 26 years and he got sick are the employer suppose to pay salary for the week when he is hospital sick. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
Is it ok to deduct from a salaried employee's pay if they
second opinion] Is it ok to deduct from a salaried employee's pay if they take the day off and don't have any accrued PTO remaining? Or are we required to "borrow" PTO against future accruals?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,499 satisfied customers
Can a salaried employee (assistant store manager) be
can a salaried employee (assistant store manager) be required to work more than 40 hours a week, six days in a row without overtime pay … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A salaried employee is paid twice a month on the 15th and
A salaried employee is paid twice a month on the 15th and 30th. If they quit before a year is up am I required to go back and figure the salary hourly or weekly instead of the salary schedule as in th… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,912 satisfied customers
About to the afternoon. At will, full time Salary +
Regarding charge backs on commission that I was never paid on… read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
My husband is a superintendent is on salary, but the problem
My husband is a superintendent is on salary, but the problem is they demand they work 10 hrs, a day and Saturday and Sunday or the can move on if the don't get with the program. In th … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employers handbook says they do not pay out unused PTO
My employers handbook says they do not pay out unused PTO upon separation. Yet Texas State law says if you give two week notice, it is required that they pay out your PTO. Am I reading this law incorr… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,992 satisfied customers
What should be included in an employee handbook for state
What should be included in an employee handbook for state Nevada? I heard we need to put in an arbitration clause? Any sample… read more
Ray
Ray
Employment lawyer
43,484 satisfied customers
If in our employee handbook it states reviews will be
Hi, If in our employee handbook it states reviews will be completed by January 31st of each year. We have not received our reviews yet and it maybe a couple more weeks, are raises then retroactive fro… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x