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Two weeks ago, on my check stub i had 184 hrs of earned

Two weeks ago, on...

Two weeks ago, on my check stub i had 184 hrs of earned vacation time..earned from the previous year and as stated in our employee handbook. It was calculated by years of service. Now, on my check stub, is a hand scribbled note, sayi g that they changed the policy, no warning, no notice......I have 3 hrs and will accrued hrs per pay period. I live in Iowa...is this legal?

Lawyer's Assistant: Have you discussed this with your HR staff? Or with a lawyer?

The HR person is not a neutral person, she is married to the company president who ordered new change. Not discussed with attorney....yet. Wanted to see if this was legal. Not only did it happen to all in our office but another business they own. It really came about, I think, because just before they sold the business next door, which had same owners....they took their hours away just before they sold the company to avoid paying the current employees any earned vacation owed. So that's when he changed it across the board for us.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union...probably "at will" has about 50 or less combined employees. But we were also told by the sold employees that the company president told the manager that our company is being treated as a no profit company for tax purposes. Not morally right, but I'm sure it's somewhat legal. But is there anything we can do?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, the same three (was 4 until sale) companies all shared the same bank account, same credit card. Our company never shows a profit...monthly the pres takes out dividends due to him & owner...then takes out at least $30,000 to pay for other companies losses. They shift money all the time so only one of the larger business really show profit...I think we are only here for tax purposes. Is that why they too vacation time too?

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Answered in 21 minutes by:
3/22/2018
Pheobe Clark
Pheobe Clark, Lawyer
Category: Employment Law
Satisfied Customers: 128
Experience: Attorney at Pheobe A Clark Attorney at Law
Verified
Sorry you are experiencing this issue. vacation time is considered wages that receives the generous protections of Iowa's Wage Payment Collection Law. The question the court would ask is whether the employer has
a "use it or lose it" vacation policy. If the employer does have such a policy, and the employee had advance notice of that policy, then the employee will be determined to have forfeited any unused vacation time at the end of the year. But if the employer lacks such a policy, or the employee didn't have proper notice of the policy, then any attempted forfeiture of the employee's earned vacation time at the end of the year wouldn't be legal.
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I suggest hiring an attorney in your state. You can contact the legal bar association for your state and get a lawyer referral.
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Also you can contact the labor board for your state or the department of labor for your state and make a wage complaint that your vacation time was taken without notice after you had earned it
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https://www.iowadivisionoflabor.gov/sites/authoring.iowadivisionoflabor.gov/files/WAGE.claim_.pdf
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That is the link to make a labor complaint.
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I believe that this answers your questions. If I have provided you adequate guidance on this subject please reward me with a rating of five stars so that I may get credit for the session. thank you
Pheobe Clark
Pheobe Clark, Lawyer
Category: Employment Law
Satisfied Customers: 128
Experience: Attorney at Pheobe A Clark Attorney at Law
Verified
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