Hello,

Please advise if this is considered discrimination.

I started with a "HUGE" company two years ago as a part-time employee. All employees were given handbooks to show the benefits in which the company offered. The handbook states "part-time employees receive the same amount of vacation days as a full time employee, which is 10 days" This was also a very big company selling point for "new hires."

I scheduled my vacation days and was approved, by Managment, for my vacation days. After I had taken the pre-approved vacation time I did not get paid. I questioned Management, payroll, Hr and was finally told that vacation time for part-time employees changed and I would no longer receive what was stated in the handbook (the handbook was never updated and nothing ever went out verbally or written to employees). I began to ask other employees, that worked my same shift, if this information was mentioned to them. I continued to question management as to why I was the only person not being paid for 10 days of vacation time.

In speaking with other white employees I found out EVERY white person, on my shift, was paid for 10 vacation days but I was only one paid for 6 vacation days. I advised my manager, payroll, and the center leader of the inconsistencies in pay but nothing was ever done.

I then went to payroll and the center leader with two names of white employees who were paid for 10 vacation days. At first management stated the employees WERE NOT paid for 10 vacation days, then several months later, management stated two employees were over paid but I know, FOR A FACT, it was more than two employees.There was actually 10 white employees paid for 10 vacation days but I only advised the company that I knew of two employees.The center manager, CONFIRMED that two employees were paid for 10 days. Since confirming this information these employees payroll has not been debited to make it fair across the board. Rather it was one or 20 employees that were overpaid this obviously was an inconsistency that the company should have investigated immediately and as of 7-11-06; nothing still has not happened. This issue has been going on since 8/05.


In October of 05 when I received my check stub I noticed that I had accrued my additional vacation time. I sent an email to payroll and management to verify my check information and the next week my vacation information was removed. Then management stated "the check stubs are not correct", again I was the only person advised of this information and I was the only person who had her check stub information changed. Prior to this incident I had NEVER had a problem going by my check stub. The white employees continued to go by his/her checkstub and continued to get paid for vacation time AFTER my numerous complaints concerning the pay discrepencies. So while the company was telling me that I would only receive six vacation days, as a part time employee, white employees continued to take his/her 10 vacation days and were fully paid for 10 vacation days.

I filed a complaint with the EEOC and they are currently investigating the charges.

The proof I submitted was

1. Copy of handbook showing eligible vacation time
2. Copy of paystub that shows how much vacation time I accrued (all vacation information printed on check)
3. Copy of email questioning check stub accuracy because my paystub contradicted verbal information given to me by management.
4. Copy of check stub where vacation information was removed
5. Numerous Emails to payroll and management concerning EEOC laws and unfair workplace practices.

This is only one example of what the EEOC is investigating there are many issues with this company and discrimination issues.

Thanks for any help

As you have already filed with the EEOC it is really out of our and your hands now. It could be evidence of discrimination. Were all these white employees also part time? What about other PT employees or other non-white employees?

Policies can be changed and while it is best to notify employees when this happens, it isn't legally required. I can virtually guarantee your handbook has a statement to the effect that policies may be changed with or without notice in it. A mistake on a paystub may be corrected. If you brought the error to payroll's attention and others did not, that could account for why yours was changed and theirs was not.

Thanks so much for your prompt reply.

All the white employees are part time. Some employees had less senority time, some had maybe one or two months seniority more than myself.

There is one other black employee. He actually came from a full time position to part time so his vacation days may have been a little different than mine because I had never been full time.

You are absolutely correct when you say the handbook probably has a policy that states "policy can be changed with or without notice."The company kept stating the policy had changed; however, communication did not go out to other employees. No meetings, no updates, no changes to handbook. I was the only employee told of these changes and I am the only employee these changes affected (as a part time/day shift/employee).

***Question from below****If you brought the error to payroll's attention and others did not, that could account for why yours was changed and theirs was not.

I am not sure if my paystub was a mistake with payroll or a coverup. Out of an entire year (I have been there two years now) I had never had a problem with my paystub. When I accumulated vacation time, it printed on my checkstub. If I took a vacation day, it printed on my checkstub. As a matter of fact management referred all employees to his check stub for accurate vacation information (the handbook even states employees are to refer to his paystub for accurate vacation information). After I was told that the check stubs were no longer accurate I began to check with the white employees to see if they were still going by the check stubs and was advised that they had not heard anything about the check stubs being incorrect. There is one (white) employee in-particular that showed me she was paid for a full 10 days MONTHS AFTER I had been told
1. Vacation time changed
2. Check stubs were not correct

After I questioned my check stub information I questioned the companies accrual method. The handbook states "employees accrue vacation time at .0834 per month"..This accrual method is for part time/full time employees with less than five years service. So when my check stub information was removed to show -0- vacation days (by payroll), I asked "how could I have -0- vacation days when the handbook and payroll states "employees accrue time as he works". I had four more months to work (to finish out the 05 year) and I was told that I would not accrue additional time as I worked. Again I asked "why would I be the only employee not accruing vacation time as I work." I never received a response..
Out of all the employees this company has I have yet to hear of ONE employee who had his paystub changed.

Again, thanks for reading and posting..Much appreciated.

But, the balance showing on a pay stub for accrued benefits does not confer any liability on the employer, just by the mere fact that the pay stub reflects a certain number.

But, the balance showing on a pay stub for accrued benefits does not confer any liability on the employer, just by the mere fact that the pay stub reflects a certain number.

I think I may be a little confused by the reply....

The employer advised all employees to go by his/her checkstub for accurate vacation information. The information that printed on my checkstub was the same information given to me in the companies handbook.

Also, according to the accrual method (.0834 days per month accumulation) my check stub was correct. So I was unsure why all of a sudden the company started saying that my check stub was not correct and that I would not accrue any additional vacation time. If other employees continued to go by his check stub and continued to accrue vacation time (based on the accrual method), I am not understanding how this is not a liability of the employer.

Thanks for your time and response

Because a paystub is not a contract and if there was an error made, your employer isn't legally obligated to perpetuate that error merely because it was not made on other employee's paystubs. In general, yes, you can be told to rely on your paystub as 99% of the time the information is accurate. If it is not, then your employer is entitled to correct the error.

As no one here is your employer we can not comment on why the policy is different for you or where the error may have been made. We weren't there to make the error and we only have your version of the story.

Because a paystub is not a contract and if there was an error made, your employer isn't legally obligated to perpetuate that error merely because it was not made on other employee's paystubs. In general, yes, you can be told to rely on your paystub as 99% of the time the information is accurate. If it is not, then your employer is entitled to correct the error.

As no one here is your employer we can not comment on why the policy is different for you or where the error may have been made. We weren't there to make the error and we only have your version of the story.


Thanks for answering my questions. Have a blessed day

Hello,

I received a call from the eeo today stating the company that I work for is wanting to mediate my race discrimination claim. What should I expect?

Also, the company had until the end of August to respond to the complaint, do companies normally respond to mediation so quickly?