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salaried hours and vacation time payout in Wisconsin

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  • salaried hours and vacation time payout in Wisconsin

    so i was the store manager for a clothing retail store and we were having trouble keeping a management staff. i was in the position for 8 months, and since being promoted, i was working a LOT to compensate for the lack of other managers. however, since being promoted, i've actually worked 1738 hours and had 27 days off when i should have only had to work a total of 1320 hours (give and take, this is based off of 40 hours a week, which was the company's bare minimum requirement) and should have had 70 days off. now, i understand that salaried means 40+, but there were weeks that i was working 70, 80, and 90 hours a week! can this possibly be ok with the government? i mean, there were a couple of weeks (the 90 hour weeks) where i was actually working 7 days a week, open to close, and was not even allowed to take unpaid breaks. i was given paid breaks (which required me to remain in the store and come work if i was needed). and these are the reasons i quit working for this company. what frustrates me most is that the company (or more closely, my district manager) would not send more help in from other nearby stores, which we have done on several occassions in the past.

    ANYWAY, my main concern is now that i've left the company, i have about 105 vacation hours and 55 sick time hours that went unused, and by state of wisconsin law, they are not required to pay me for the unused time. my question, however, is if there is a way around this in my situation? i was clearly working my butt off for the company, leaving me unable to take any vacation time. i had wanted a week in february and a week this august, but because of the understaffing issue, i was not able to use it. and sick time is generally not used within the company because if you call in sick (which you aren't allowed to do) then you have to make it up another day that week to cover for whoever is covering you. anyway, i'm not at all picky about the sick time, but i want the vacation time paid out!!! is there anything i can do at all? PLEASE HELP!!!

  • #2
    Wisconsin does not require unconditional payout of accrued vacation at termination (and no state requires payout of accrued sick time).

    However, Wisconsin IS a "follow your policy state". That means that if the company has a policy or practice, or an agreement with the employee, of paying accrued vacation at termination, they must follow their own policy/comply with the agreement.
    Last edited by Pattymd; 06-26-2008, 02:54 AM.
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