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Vacation awarded then taken away with a back dated agreement Missouri

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  • Vacation awarded then taken away with a back dated agreement Missouri

    I find myself in quite the morale dilemma with my long time employer.

    Our company was involved in a lawsuit that the owner had not properly disclosed or paid investors that gave him funds to initially purchase the business. He was found guilty on multiple counts and ordered to pay to the tune of millions.

    The lawsuit caused quite the damage to our reputation and we lost not only our top sales staff but most of our top clients as well.
    Months later now the business is crashing hard, there is a rash of layoffs and hours are cut to 32 for everyone left on payroll including salary.
    The managers who were working 70+ hours (for no OT pay) when we were busy are now being cut to 32 hours but expected to be on site 5 days a week.
    I know there isn't much you can do about OT for a salaried position but what about reducing their rates?
    He did offer a 30 day written notice which I thought was in my best interest to decline verbally and put nothing in writing.

    My real issue for posting is this...
    He has now decided to change the vacation policy 3 months into the new year.
    No employee can accrue more than 3 weeks and only after 7 years of employment. Previously you had o work 3 yrs of service for 3 weeks, 9 years for 4 weeks. He has dated the policy January 1, 2010 and states in the letter of notice of change in the company handbook the policy is effective immediately.
    Now he has already awarded 4 weeks vacation to all employees over 9 years of service (which was the old policy).
    He is now taking away 40 hours from everyone who was in the group.
    I do not have my new statement of hours yet but its set to go down by Friday.
    He has also told some that refusal to sign the new policy that is dated Jan 1, 2010 will result in him withholding your paycheck.
    I do not believe it is legal to withhold pay for such a reason.

    As far as the vacation goes I believe our only recourse is small claims court.

    Can anyone advise on the legality of withholding pay, or changing of policies after the first qtr then revoking vacation that was already granted?

  • #2
    Are the managers exempt or non-exempt?

    It is legal to change vacation on a go-forward basis.

    I do not know Missouri law on vacation so I will leave the question of revoking vacation to someone else.

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    • #3
      Missouri law is silent on the issue of vacation so, although it's tacky (IMHO), it's not a violation of any wage and hour law.
      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
        Re your paycheck - they can't withhold your paycheck for not signing the new agreement/policy. However, your employer can discipline you in other ways for not signing.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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