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Forced to take time off w/out pay


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#1 amyvee

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Posted 17 November 2012 - 02:58 PM

I have worked for my company for over 7 years (in Florida). Yesterday my boss got mad at me & sent me a text message (at 5:03pm on Friday) to take next week off but disguised it by saying there was no work & he couldn't afford to pay me to "sit around and do nothing." He knows that I don't do that & I have been working on some marketing things while we have been slow after I finish my daily work. I haven't taken my vacation this year and I have ALWAYS been off and paid for Thanksgiving and the day after.

I would like to know if I can have M, T, & W paid with my vacation days and still get paid for Thanksgiving and the day after due to the history of previous payment for those days. Or at the very least make them pay me for all 5 days of my vacation next week.

There is no company policy manual or formal rules and never has been. However, I have been told by the owner that I get 1 week paid vacation & 1 paid sick day per year. I am assuming that since there is no printed or formal policy manual that he can't deny paying me my vacation. I am also assuming that for the same reason he should be obligated to pay me my holiday pay b/c I have had those 2 days off with pay for the prior 7 years that I have been there.

#2 Tax_Counsel

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Posted 18 November 2012 - 12:03 PM

I think you assume too much. The employer is not obligated to give paid vacation days and the fact that the employer gave you paid vacation days in the past does not obligate the employer to do it now. The details of the vacation pay arrangement that the employer has been using matter, though, since it may be the case that you've earned vacation pay that the employer can't take away. But even in that case, the employer is free to change the vacation pay arrangements going forward. You might want to run this by a local employment law attorney. It is my understanding that Florida statutes have very little in the way of employment laws and thus it may be that any law in Florida on this will have to be found in the case law (court decisions).




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