Unfair Demotion?

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Latest post 06-07-2012 10:45 AM by OliviasMom. 11 replies.
  • 06-07-2012 1:45 AM

    • TIMSMITH
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    Unfair Demotion?

    Hi, I'm new here and i am looking for some advice/guidance. This is my situation....I work part time nights and weekends in retail 12-15hrs a week. I have been at my job for a long time, and have earned a lot of vacation time. The system we use for vacation is automated, meaning we go online and request our days. Since i can't take vacation during Nov or Dec, i take a Saturday or Sunday off once a week, but my manager told me if i continue to do this my position, which ive had over 5 yrs, will be reduced to less hours, on call, or potentially transferred to a non commission dept. I believe this is retaliation by the store manager for me taking my vacation the way i do, which is not illegal, i asked my manager am i breaking any rules taking my vacation like this and he said no. But he did say i am making it difficult on them to schedule other employees.

    Can they legally demote me for taking vacation?

    I have never been disciplined for poor performance or anything else. My numbers are quite good. Also i make the most money in my area and i believe they are also trying to get rid of me for this reason as well.

  • 06-07-2012 2:10 AM In reply to

    Re: Unfair Demotion?

    TIMSMITH:
    Can they legally demote me for taking vacation?

    The employer set the rules for whatever paid time off it allows. If the employer doesn't like how you take the time off, it may demote you or otherwise change your employment status to fit the employer's scheduling needs.

  • 06-07-2012 9:25 AM In reply to

    • TIMSMITH
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    Re: Unfair Demotion?

    are you saying they could fire me for taking vacation i earned?

  • 06-07-2012 9:32 AM In reply to

    • LG81
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    Re: Unfair Demotion?

    TIMSMITH:

    are you saying they could fire me for taking vacation i earned?

    They can.  In the situation you described, however, it does not sound as though the employer would be firing, demoting, or transferring you for taking the vacation time but rather for not working during the schedule needed by the employer. 

    At most any employer, even though an employee may have a lot of accrued vacation time, it cannot be taken at any time that fits the employee's desire; it needs to be taken at a time that does not place a hardship on the business.

  • 06-07-2012 9:39 AM In reply to

    • DPH
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    Re: Unfair Demotion?

    TIMSMITH:

    are you saying they could fire me for taking vacation i earned?

    Yes, if they don't the way you're doing it, they could fire you. 

    If your numbers are good they may cut you some slack, but they don't have to give you any special treatment.  If you only work 12 - 15 hours per week, do you take your vacation out of those 12-15 hours each week?  Are you taking 8 hrs vacation on a Saturday out of your 12 - 15 hour weekly total? 

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 06-07-2012 9:41 AM In reply to

    • Cica
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    Re: Unfair Demotion?

    TIMSMITH:
    Can they legally demote me for taking vacation?

    Yes.  For that matter, they may fire you.  You were apparently hired to work these Saturdays/Sundays (which is generally the case for PT retail) but you are adjusting your own schedule on a recurring basis.

    That was not their plan.

     

  • 06-07-2012 9:41 AM In reply to

    • TIMSMITH
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    Re: Unfair Demotion?

    this is the situation though, they block atleast 1 Sales weekend a month and special events days so i cant take vacation on those days, nor the entire months of Nov or Dec. The rest of the unblocked days they say we can use our vacation for.

     

    I dont think they would fire me, i believe they are trying to make me miserable to get me to quit. 

  • 06-07-2012 9:48 AM In reply to

    • Drew
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    Re: Unfair Demotion?

    YES, the boss has great latitude --even if the offical rules say you are entitled to take vacation just about any time you elect it --if the boss has certain local schedule needs to meet if you make it harder for him he sure as heck can reduce your hours or find the door for you.

    I think you get further to do a 100% attitude reversal--help your boss solve his schedule problems --make it clear to boss that you can go extra steps to help boss fill a hole that needs to be filled  and cooperate with boss as to when your vacations  days might be least disruptive to his needs  --and I suspect with an attitude change and planning ahead a bit  you may get the days 97% the way you want them anyway--and keep your job/hours



  • 06-07-2012 10:08 AM In reply to

    • TIMSMITH
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    Re: Unfair Demotion?

    its only 4 hrs per day,

  • 06-07-2012 10:13 AM In reply to

    • TIMSMITH
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    Re: Unfair Demotion?

    Drew - This is not an attitude problem, I have bent over backwards for them over the years and have done this way of scheduling my vacation for years and only now its an issue with a new Store Manager. its retail & we have plenty of coverage. If you have worked retail you know how the management plays games, especially with people they dont like.

  • 06-07-2012 10:34 AM In reply to

    • cbg
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    Re: Unfair Demotion?

    Nonetheless, the fact remains that there is NO state where an employee has the right to take vacation whenever he wants. In the absence of a legally binding and enforceable contract or CBA that EXPRESSLY and in so many words states that you have the guaranteed right to take vacation any time you want and the employer can't do anything about it, the employer ALWAYS gets to say when you can and cannot take vacation. And yes, if you take it when they have not approved it, you can be demoted, fired or otherwise disciplined.

  • 06-07-2012 10:45 AM In reply to

    Re: Unfair Demotion?

    you still do not get the right to take vacation whenever you want. If you are contantly missing a shirt once a week you are still causing the companty to be short staffed on certain days and they do not have to accomodate you. If I was your boss I would just tell you you have to take your vacation in blocks and can no longer take it in little pieces. Or they can fire you. It is time to talk to your boss because obviously what you are doing is not working for your employer.

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