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View Full Version : Being terminated and unused vacation Time


smurden
09-30-2004, 06:40 AM
I have been working for this company for 2 ½ years and have been promoted within my division for the last 2. At the beginning of this year we were merged with anther division of our company and there personal were placed into upper Management positions. Soon after the merger I was moved down to my previous position stating Job performance but I was never told what the performance issue was. I then moved back to my previous position and that is when things really got bad. I was asked to complete some simple tasks, which I did, but then the customer complained about the quality of work. The problem was what they complained about I never worked on or was not asked to change. This happened several times over the next month and each time the same thing would happen. I then was asked to work overtime to correct the problems but they were not authorized to pay me for OT so they asked if I would work comp time and no I felt was not an option. So I then worked approximately 40 hours of OT over a two week period. Then about a month ago they wrote up a performance review and asked me to sign it stating that I was at fault for the mistakes found. I stated that I would not sign it because I disagreed with the statement that was on it. I was then told I must sign it but I could write a rebuttal to what was stated, which I did. I was then called in last week and was fired due to job performance which before the beginning of this year had never been an issue. So I was asked to leave which I did I have just now received my last paycheck and my Vacation time was not on it and I have not been able to get any one at the company to answer my calls. Is the company required to pay me for the vacation time owed (apx 8 days)? Do I have any recourse for the comp time owe? They only owe me (APX 6 hours). I work in the State of Michigan

LConnell
09-30-2004, 08:39 AM
If your employer took the adverse actions against you because of your age, disability, national origin, pregnancy status, race, religion, gender or any other status protected by state or local law, or because of retaliation for raising a complaint about a legally protected issue, such as discrimination, then you can file a complaint of discrimination with the state of Michigan or the US federal government. However, if that isn't the case and there is no written agreement between you and your former employer, you don't have a case to protest the discrimnation.

Michigan requires that an employer pay an employee for fringe benefits such as vacation and for compensatory time at the time of termination unless there is a written agreement by the employee to waive that payment. Did you ever sign such an agreement, such as at the time you were hired?

If you didn't and you believe you are owed the wages, you can file a claim with the state of Michigan. You can learn more about payment of fringe benefits and comp (compensatory time) and the process to file a complaint that may assist you in getting those monies by looking at the following website: http://www.michigan.gov/cis/0,1607,7-154-27673_27856---,00.html

Let me know if you have any other questions.

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