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Employment Today™"POLICY STEALS EMPLOYEE'S VACATION TIME & PAY!!"Dear Kathryn: When I started working for my employer five years ago, vacation days not taken were paid when you left the company. As getting requested vacation time actually approved was a feat in itself, I ended up accumulating over eight weeks of untaken vacation time over the years. This year the human resource department got fancy and issued a policy manual. The policy manual states you can carry your earned vacation time over from one year to the next but it won't be paid out if unused when the employee terminates. Thankfully, I just found another job I'm thrilled about but was counting on my unpaid vacation time! For all of my tenure other then the last three months, there was no such policy. Because I earned this vacation time when there wasn't the current policy in effect, shouldn't I rightfully be paid? This adds up to nearly $8,000!SARA H., Middletown, CT Dear Sarah: I feel for you, but that and $1.99 will get you an Egg McMuffin. Employers may change their policies regarding benefits without any notice to employees and that includes policies regarding vacation pay. There's no hard and fast rule saying that you'll get anything should you file a claim, but this next question will help determine your claim eligibility. -Did you attempt to use your vacation time once the policy was announced and succeed? -Did you attempt to use your vacation time in the last three months and your request denied? Attorney Henry Zaccardi and I agree that if your request for taking vacation was denied, you've a better shot at recouping some of the unpaid vacation. If you were successful at using any of it, you've less a shot at getting the untaken time paid. Once an employer alters their policy, they can't be held prisoner to rules they either did or didn't impose due to an employee's tenure. If you decide to pursue this, give your claim your best shot and call Workplace Standards at the Labor Dept., @860-263-6790. Good luck.Dear Kathryn: Our boss deserves to be punished due to his pig-headed discriminatory nature. He has commented on numerous occasions that I run on "Puerto-Rican" time (when I come in a little late) and that my co-worker makes numerous errors due to her Polish heritage. No one is exempt from his snotty, discriminatory jokes and we're sick of it. What can be done?DK, FH, MR, Vernon, CT Dear Put-upons: Obviously, a diplomat your boss is not. As the discriminatory comments have happened on numerous occasions, document the time and comment, gather all of the incidents and visit personnel. Your message will be that you deserve a professional work environment, not the hostile work environment you've been tolerating. Your employer is obligated to reprimand your superior, remove him if the behavior doesn't change, and immediately make certain you have a peaceful workplace. If you do not have a personnel department, memo your boss's boss and the company president. Employers these days are well aware of the danger that exists for them if they allow situations like this to fester.Dear Kathryn: I'm the office manager of a medium sized law firm, trying to keep peace with no-nothing bosses. I had to veto any perfumed soaps and colognes when a partner complained incessantly of it affecting his asthma. With another picky attorney complaining, I next instituted a "no smelly food" rule, prohibiting employees from microwaving smelly food. Banished were bananas, tuna fish, popcorn, and reheated fish. The problem? Employees that used to loyally work through their lunch hour rebelled and now promptly vacate the premises for at least an hour. While my boss may have a better scented office, there is no staff to respond to clients that call and come in between noon and two. The latest is his insistence I ask applicants I'm interviewing if they wear perfume or smoke even on their own time. If they do engage in either one of these horrible habits (oh my!), I'm to tell them they'll be disqualified from consideration. I find all of this smelling of discrimination. What's the story and could I, as office manager be named as a party to this if I follow my bosses' directive?RHONDA Y., Colchester, CT Dear Rhonda: A company who has a chemically sensitive person in their employ is within their rights to inquire as to perfume use when interviewing a potential employee. The smoking applicant that only smokes outside the work environment falls under a different set of rules. CT Statute 31-40s clearly states an employer cannot discriminate against an applicant that smokes outside of the office, even if the applicant carries the odor of smoke on their clothing. Prospective employees that smoke outside the office would be in a protected class. Making an applicant aware of your policy could result in your company being fined by the Commissioner of the Labor Department. According to Attorney Henry Zaccardi, you personally wouldn't be fined. Feed this information to your boss |