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  • vacation pay Idaho

    My daughter works for a small company that has a paid vacation policy. She has earned 2 paid days. She has requested days off - the owner said she may take one day but will not pay her for it. Is the employer allowed to do this? If she has earned the paid day off - can he deny her the money? A co-worker just recently took her 2 days that were paid to her (owners niece).

  • #2
    how long has your daughter been with the company?

    Is there any reason why the days requested would be denied? Like your daughter works for a retailer and wants Labor Day off or something?
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

    Comment


    • #3
      Legally, just because the employee has earned vacation does not mean that the employer must grant paid vacation whenever the employee requests it. It is perfectly legal for the employer to deny the paid vacation request and, if the employee chooses to take it unpaid, so be it.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Think about it this way....

        What if everyone in the company wanted to take the Friday after Thanksgiving off? It would leave no one in the store... and, therefore, management can deny some of the requests so that they can remain staffed.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

        Comment


        • #5
          Policy states you earn 2 paid days after 6 months of full-time employment. My daughter has worked for that company since mid-December 2005.
          Now there is no accrued vacation payout in Idaho - so what's the deal? She earns paid days - he can deny paying them - if she quits he doesn't have to pay out the the time she earns. What's the point of company policies. What's to protect a employee?

          Also, when she worked the 3 weeks in December he gave her a 1099 instead of a W-2? She talked with him and he said he didn't want to pay the taxes because he never knows how long someone is going to stick around. In Jan. 06 he stated deducting taxes from her check.

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          • #6
            There is nothing in your post to say that vacation was being denied... just the specific days in question.
            Not everything that makes you mad, sad or uncomfortable is legally actionable.

            I am not now nor ever was an attorney.

            Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

            Comment


            • #7
              Well, my daughter requested 2 days off - he said she could have one (mid-week) which was fine - but he said he would not pay her for the day. She is not happy at her job and would like to get the paid time off before she quits.
              He uses very crude language and is just not pleasant to work for. He shows extreme favortism towards his niece - and she told my daughter she's sorry her uncle is such a jerk. What do you suggest she do? She's going to move on - she's earned this paid time off and would like to take the days prior to quitting.

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              • #8
                There is NOTHING in the law that gives her the right to take vacation any time she wants to. Nor does Idaho have any provision in the law that entitles her to have it paid to her when she leaves.

                She is going to have to take the same chance anyone else takes in a state where vacation is not considered wages. If you are looking for a way that she can be guaranteed getting this time, I'm sorry but there isn't one.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  As previously stated, the employer does not have to grant her vacation request. I agree that it doesn't sound like a pleasant place to work, but as long as she is not being disparately treated because of a protected characteristic (age, race, gender, religion, etc.), the poor treatment is not discrimination (as I think you might be heading toward). Neither is nepotism illegal discrimination.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    So why have a company policy when it doesn't have to be ahdeared to? Seems to be misleading to make offers for you to accept a job.

                    Well, since the employee has no rights at all - are the unemployment laws just as ridicilous?

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                    • #11
                      Employees do have rights. She cannot be discriminated against as a member of a protected group.

                      Corporate policies are not regulated by the government and are subject to change and revision with or without notice. I am sure your daughter's employee handbook mentions this.

                      I am also sure that the vacation policy states that the vacation days are subject to approval.

                      Your daughter just hasn't the rights you want her to have.
                      Not everything that makes you mad, sad or uncomfortable is legally actionable.

                      I am not now nor ever was an attorney.

                      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                      Comment


                      • #12
                        It's not a matter of the rights I want her to have. The policy states nowhere that it can change without notice. The is a very informal office and therefore documentation is just presented in the same fashion.

                        You tell me how she should handle the situation. Walk away?

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                        • #13
                          That is one recourse.
                          Not everything that makes you mad, sad or uncomfortable is legally actionable.

                          I am not now nor ever was an attorney.

                          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                          Comment


                          • #14
                            You never addressed she being given a 1099 instead of a W-2. Do employers have the option without notice to give 1099's? She was not hired as an independent or to do piece work.

                            If she works 1 day in a given month - is her medical insurance good thru the entire month before she would need to enroll for COBRA and pay the COBRA rate?

                            Comment


                            • #15
                              No, an employee must meet the definition of an IC before she can be paid on the basis of a 1099. However, we do not have enough information to determine if she meets the definition or not.

                              With the sole exception of Texas, it is up to the insurance policy, not law, whether or not coverage continues to the end of the last month of employment. She will have to look at the insurance policy to tell if her coverage will end on her last day of employment or the last day of the month.
                              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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