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A labor law question?

Discussion in 'BBS Hangout' started by Francis3422, Sep 14, 2012.

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  1. Francis3422

    Francis3422 Member

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    So there is always someone smart on the board, please help me with this scenario.

    I have been at my job for 5 years. We work about 52 hours a week. One week a month, you take 3 days off. For the last 5 years, in the month of April for example, you would take Easter Sunday as your 3rd day off for that week in the month. Same for all other months that there is a holiday that causes work closure.

    So I was looking through my email account and found that I had filed away this company memo from 2007. It is the owner talking about what schedule was guaranteed to us. He mentions specifically that you are given an 3rd day off in one week every month. AND mentions that in a month like April, you are to be given both the holiday and an additional day off.

    Well, I think back the last 5 years and this was never the case. The holiday closure was always treated as my extra day. Now, going back and adding it up over 5 years, that amounts to 20 days that I should have had off. I am kind of annoyed.

    At our big meetings the last couple weeks, it was declared that we will start adhering to the true guarantee. I guess I am pretty annoyed that no one is seeing this as an issue that needs to be fixed in the retroactive angle. Do I have an case to bring forward to my HR rep?

    Thanks

    TLDR
     
  2. AMS

    AMS Member

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    Nope. You have lost those days.
     
  3. Francis3422

    Francis3422 Member

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    As as "NBA Insider" can you explain....
     
  4. JuanValdez

    JuanValdez Member

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    Are you hourly or salary?
     
  5. cheeno

    cheeno Member

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    has to be hourly because hes listing hours, if he was salary we might not have this discussion he can just take whenever days he wants off.
     
  6. Nero

    Nero Member

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    More than likely you would have a case if you took this to the TEC.

    20 days is about a month's salary, and if it happened for every employee, then your employer could be in some deep doodoo. If you can prove that this was established company policy, and that they did not adhere to their own policy, then the TEC is going to be very interested in it.

    Question is, is this worth screwing over your employer? Maybe so, since they have been screwing their employees. Your call.
     
  7. SwoLy-D

    SwoLy-D Member

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    I believe you have a case, if you can prove it.
    Forgive me for asking this so bluntly, but: why would he be screwing over his employer if he has the right to ask about it? :confused:

    I believe you may have a case, but... what did you really lose? Is it just money? Calculate how much that would be. Let's say you get paid $20 an hour, so 20x160 = 3200. Sure. Fight it. :cool: Put $200 in the tip jar.
     

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