Laid Off Vacation Pay is Due

[victor1]

Greetings to All,

I started working for this company in NYC as of 9/6/2004. I was subsequently laid off on 10/27/2005 the company merge/bought out by another company which is located in Long Island. I have yet to receive my vacation pay out. It states on the employee handbook under the heading Anniversary Date and I quote the following "The first date you report to work will be recorded in the company record as your anniversary date. This date is used to calculate many different company benefits. If you have any questions regarding your aniversary date, please see your manager."

I have send an email (3 to be exact) to inquire as to when I will be in receipt of my vacation pay but to no I avail. I was a exempt employee earninig more than $700.00 week but was paid Bi-weekly.

Lastly I was laid off under my company. The new company was not going to take over until the first week in November 2005.

[cbg]

And your question for us is?

[victor1]

I would like to know what venues/recourse do I have with regards to collecting my Vacation Pay, and making sure I do collect.

Thanks,

[Pattymd]

What is the company policy regarding payout of accrued vacation at termination? The state does not require it by law; only that the company abide by its own policy.

[victor1]

In reading the Employee Handbook further it states the following;

1). After 1 year, you shall be entitled to 14 days of PTO time.

and the most important states Employee are paid for earned but unsused PTO days upon termination

[cbg]

I suggest you try calling them instead of e-mailing them. If you still can't get any response, call the state DOL since NY law requires the payout of vacation time unless there is a written agreement saying otherwise.

[victor1]

Since now it states it in Black qand white in the employee handbook with regards to the PTO/Vacation payout, can I get an attorney for this?

Does the New York State Dept of Labor have a criteria with regards to this. Meaning I earned more than $700.00 a week would they still help me get this?

I would I need to hire an Attorney and have the Attorney bill the company for the hours spend?

[cbg]

Why do you want to hire an attorney when the state DOL will handle it for free?

[victor1]

I just spoke with the person who was the previous owner he told me "I am just a worker now, I do not have access to the checkbook. You will need to contact the HR person for the new company who took over." I just left the lady a voice mail message and also send her an email.

With regard to contact an Attorney I just want to make sure I collect what is due. But also, again, will the DOL help me get this sincer I was a exempt employee and made more than $700.00

[Pattymd]

Looks like you may have to get an attorney after all. The form does state a wage maximum for them to accept a claim. But I would call them first to confirm. If that is true, I think it stinks, but it is what it apparently is.

[victor1]

Thank You cause I went to the website and saw this In looking at the NY State Dept of Labor form for in orde for me to get my PTO pay the form states the following "Section 198-c(3) of he New York state Labor Law excludes from wage supplement coverage those persons in an administrative, Executive or professional capacity whose earnings exceed $600 groos per week." My job titled was Customer Service Representative (Payroll CSR) and I earned more than $700.00 per week.

So I figuered they were not going to help me out on this. So now if I get an Attorney I could have the Attorney bill my former employer for the court cost and Attorney fees since my previous employer must pay me based on the wording on the employee handbook

[cbg]

First of all, I don't think that a CSR qualifies as exempt.

Secondly, as I told you in my response to your PM, I believe that statute is referring to overtime, not to fringe benefits.

[victor1]

Why would you say a CSR does not qualify as an exempt employee?

[Pattymd]

Oops, I missed that, cbg, thanks.

A CSR would not not be exempt because their job duties do not meet the criteria.
http://www.dol.gov/esa/regs/complian...a_overview.htm