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

Customer Question

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: 8 months ago.
Category: Employment Law
Customer: replied 8 months 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,
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,
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.
Expert:  Ray replied 8 months ago.

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.

Expert:  Ray replied 8 months 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.

Customer: replied 8 months 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?
Expert:  Ray replied 8 months 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.

Customer: replied 8 months 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.
Expert:  Ray replied 8 months 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.

Customer: replied 8 months 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!
Expert:  Ray replied 8 months ago.

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

Customer: replied 8 months ago.
Has the opt-out / re-assignment been completed?
Expert:  hrpro37 replied 8 months ago.

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.



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