Holiday and Paid Time Off Issues

[job4chris]

What is the name of your state? Virginia

I currently work for a company in Mobile, AL that contracts my services to a principal in Virginia where I currently reside and work. They label me a contract employee however, they pay me Salary Non-Exempt and withold Virginia taxes from my paycheck. In June of 2003 I was presented an offer letter VIA email from management in the company in Mobile, AL which is who signs my paychecks offering me a raise to $15/hr w/out benefits or $14.72/hr with 2 weeks paid time off, 5 paid holidays, and double-time for holidays worked. I chose the $14.72/hr plan although the principal I work for at the site in Virginia does not allow vacation time off due to the nature of the shifts and assumed that I would just collect the unused time off at the end of the year like many jobs. When attempting to collect this time I was told that I couldn't since the principal would not allow actual time off and that if I did not take the actual time off that I would forfeit the unused time. Also I have recently leared that I have not been paid for a single holiday that I was off as per the terms of the offer letter and they are now stating that the principal won't pay them so they won't pay me. Also as per their handbook, upon termination of employment from the company in good standing with 2 weeks notice of leaving the handbook stated that we can collect unused paid time off however, they are denying this benefit to a fellow co-worker. Now that I'm raising the issue of back pay for unpaid holidays my employer will not provide any holiday benefit pay information as their handbook states that they will. I'm wondering if there's any recourse I can take to claim this unpaid holiday pay and paid time off?

 

[job4chris]

Supplimental Infomration

Something else I should point out is that as of mid-July, the employer decided that they were no longer paying any holiday benefit what-so-ever due to a decision by the principal to no longer pay my employer accordingly. A letter was sent to all of us regarding this but it did not mention anything about the paid time off no longer being paid. Could this still be an issue or is there a chance that since we were entitled to and earned this benefit that we could still collect the unused portion of this benefit.

 

[cbg]

Nothing in Federal law and nothing in the law of either Virginia or Alabama requires that they provide any paid holidays. Nothing in Federal law and nothing in either Virginia or Alabama law requires them to provide paid vacations, and nothing in Federal law and nothing in either Virginia or Alabama law requires them to pay out vacation time at the end of the year (or ever).

Unless either the offer letter or the handbook consitutes a valid, bona fide and enforceable contract (and it is rare that either an offer letter or a handbook constitutes any kind of contract), this falls into the category of "possibly unfair but not illegal". You are free to show either or both documents to a local attorney (VA law would apply) but I wouldn't be holding my breath.

 

[job4chris]

Thanks

Thanks for the advice. I see your point. I'll probably take what I have for a free professional consultation but like you said, my employer probably knows exactly what they are doing.