Unfair work practices

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Latest post 01-23-2010 3:55 PM by Drew. 5 replies.
  • 01-21-2010 5:08 PM

    Unfair work practices

    I'm writing this in regards to my fiancee.  He works for [a company] and has been there for a number of years.  His manager, [name removed], has been doing unfair business practices for years but this is the last straw for us and I don't know if there is anywhere to turn.  I'll just explain the lastest information:

     

    My fiancee has 1 week of vacation left.  He has until the end of January to take it or he will lose his vacation. So, back in the end of November he requested to use his vacation next week and it was approved.  Today, [he] told my fiancee that he thinks that my fiancee won't be able to take his vacation now because one of the employees are temp. going to another store.  [the manager] said that the store will be short staffed.  Now, [the mgr] is telling my fiancee this right before leaving to go to a unapproved hockey game, leaving the store extremely short staffed.

    Next, my fiancee and I planned a trip in March to go to California.  He requested his vacation today and [the mgr] told him my fiancee probably won't get that week because [he] might want to go somewhere that week too.  [The&n... even put a request in.

    My fiancee thought about sending a complaint to [the mgr's] boss but has found out that his boss, [name removed], is very good friends with [the mgr] and has always disclosed private information to [the mgr] with regards of employees complaints about him and [the mgr's boss] has yet to do anything.

    Is there anywhere else we can turn to?  Any organizations?  Is that type of behavior legal?  Please help me.

  • 01-21-2010 5:44 PM In reply to

    • cbg
      Consumer
    • Top 25 Contributor
    • Joined on 12-21-2000
    • MA
    • Posts 6,787

    Re: Unfair work practices

    No, no and yes.

    There is no law in any state that dictates to an employer how they must manage vacation requests. Vacation is ALWAYS taken at the discretion of the employer unless a legally binding and enforceable contract or CBA says otherwise. There is no law requiring an employer to approve vacation requests, and no law prohibiting the employer from rescinding a request already approved. It is likewise legal for managers to be subject to different rules and policies than rank and file employees.

    Your fiancee is free to talk to corporate HR and see if they will intervene on his behalf. But this is entirely an internal affair - there are no laws and no outside agencies that will force the employer to take action.

    Note that I am not saying I approve of the way things are being handled - only that no laws are being broken and no regulatory agencies that will deal with the situation.

     

  • 01-21-2010 5:48 PM In reply to

    Re: Unfair work practices

    There's nothing remotely illegal about the behavior you describe.

  • 01-21-2010 7:34 PM In reply to

    Hi aerogirl34-

    I edited out the company and indivdual names in your post per the rule of the site to omit that type of information.

    I have included a quick guide to the Forum rules for future posts.

    http://community.lawye...

    Best,

    Sharon

     

  • 01-23-2010 4:53 AM In reply to

    Re: Hi aerogirl34-

    Thanks

  • 01-23-2010 3:55 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,971

    Re: Unfair work practices

    The ethics of asking several weeks in advance to use vaction under a use it or lose it rule , being told yes, and then being told  no you cannot use it --if you mean you now lose it  --seem to stink to me--but that doesn't make it illegal.

    Now I've need to do crunch projects  of bosses making at YE and in theory  I was due to lose it--but boss covered it and I had note in my personal file just in case....

     

    But I'v know managers who actually keep score of amount of vacation they can scrub off the books ...

     

     



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