Results 1 to 3 of 3
  1. #1
    Join Date
    Sep 2014

    Question Notice Given Prior to Vacation, Employer Did Not Compensate for Vacation Time

    My question involves labor and employment law for the state of: New Mexico

    I was hired in Dec 2013. It was clear at that time I would be taking about 25 days off in late July/August. I put this in writing. I received a written confirmation. All accepted that I would be gone and new that I would be out of cell range for most of the trip. This vacation was a physically demanding vacation. I was told I had 4 weeks paid Vacation that could be taken any time, all at once or split throughout the year. I was told I did not have to be with the company for a given length of time to get paid for my vacation. It was not accrued. I was told I would get this time off with pay. I was not given any verbal or written conditions that would change this arrangement. I had no scheduled PTO. If I needed time off it was arranged, so I was told. It turn out that to get time off was near to impossible. There is not written policy. I was told and reminded that I did not do shift work. However, my salary was based on a loosely fague shift work assumption. It worked out to be that I would work until the job was done. I worked 14 -16 per day, 5-7 day a week as I would have to bring my charting home for completion. I became sick due to the extended hours of work, high stress environment, and very little sleep. I even had to go on antibiotics. I do not usually get sick. I did not call in sick as that was not allowed (verbally implied), even though I was told I could. I was promised a bonus based on a point system which they could not explain exactly how it worked. This was my error for not demanding or forcing them to explain it. When the bonus that I expected did not happen, I did demand a detailed explanation on how the process works. Which basically under my current assignment I would never be able to obtain my bonus due the requirements of the point system and my assignment at a particular facility. I would have to work even more hours than I was currently working. I was promised training which I never got. Then, about a month before I left for my vacation, my schedule was completely change. I was not consulted about the changes. When, I was made aware of the these changes I explained to the two persons involved with making the changes, that this schedule was impossible for me to work and to be able to leave on the day of my planned vacation. I was told that I was not a team player, I could not be made happy, and one person told me they worked their "A#*" off attempting to make me happy. Again, I attempted to explain the situation as stated above and continued to be met with verbal accusations as noted above and no willingness to alter the schedule. As my vacation date grew near I brought to the above person's attention again that I would not physically be able to complete the work before I left. I got resistance, verbal attacks regarding my time management, and or just plain ignored. I got an offer for a new position shortly after this last attempt to have the schedule altered. Which on a personal note, did not allow for time off to prepare, and train for the physically demanding vacation related to the fact that the few days off I had scheduled, I was home completing the work that I was unable to complete in the hours noted above. Needless to say I was exhausted, and feeling like the only option I had was to cancel my vacation or to leave as schedule and complete the work when I returned. I tried to explain this to the above persons again, to no avail. So, I accepted the new positions and gave a written 37 days resignation letter to the office manager. This included my vacation days. He only said, "Oh, I am sorry about this.." I said we could talk about later if he wanted to understand why I was quitting. I not only never heard from him again, but it appeared that no one else in the company was going to address the resignation with me. It was like all personnel were told not to talk to me. So, I emailed it to all the powers to be the next day. I felt that maybe the letter had not be conveyed properly to all that needed to know. Well, I have heard nothing from anyone in the company at all. I was not paid for my time off. I returned and completed the work that need to be completed. It took me 3 very long days to complete the work. I text the manager of that particular department indicating that the work was completed. I never heard a word from her. I checked on line later to see if my completed work was process via the normal channels. It had not even been reviewed.
    So, the last pay check I got was for the time period 2 weeks before my vacation. I feel I am owed for at least 24 days in the month of August, even though that included my vacation. My medical insurance expired the next month, which was 6 days after my return from my vacation. Do I have a right to get paid for this time period?

    Thank you,
    well rested after my vacation...

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Notice Given Prior to Vacation, Employer Did Not Compensate for Vacation Time

    Does your former employer have a formal policy on vacation, and compensation for vacation time following resignation? If so, what is it?

    Do you have anything in writing describing the vacation policy, and the grant of four weeks of paid vacation to you? How did the vacation policy work, beyond the initial four weeks? Four additional weeks vesting upon each anniversary of your start date?

  3. #3
    Join Date
    Jun 2006

    Default Re: Notice Given Prior to Vacation, Employer Did Not Compensate for Vacation Time

    Do I have a right to get paid for this time period?

    Under the law? No. In NO state is an employer required to provide paid vacation. New Mexico has no law addressing the payout of earned but unused vacation at termination. Only one state EVER requires that an employee be paid for any time beyond the last day he actually worked; that state is not New Mexico; even in the sole state in which it is sometimes required, at MOST you would be due pay till the end of the pay period which included your last day of actual work, and we don't have the details to say if even that much would be due you. (But it doesn't matter since it is not your state.)

    Under the law, unless you have a legally binding and enforceable contract that expressly grants you the right to be paid for this time no matter what your employment status, you are ONLY due pay for the days you actually were working.

    The ONLY way you would be due that time would be if you had a legally binding and enforceable

    1. Sponsored Links

Similar Threads

  1. Resignation: Not Paid for Vacation and Sick Time Taken Prior to Resignation
    By Lex Talionis in forum Employment and Labor
    Replies: 9
    Last Post: 11-09-2013, 12:28 PM
  2. Job Benefits: Employer Will Take Away Vacation Time if I Take Vacation While at Out-of-State Office
    By christisbrown in forum Employment and Labor
    Replies: 4
    Last Post: 06-03-2013, 05:08 AM
  3. Job Benefits: Denied Vacation Request Placed 2 Weeks Prior to Turning in Resignation Notice
    By carissa8276 in forum Employment and Labor
    Replies: 1
    Last Post: 04-08-2013, 11:00 AM
  4. Compensation and Overtime: Can Former Employer Ask for Return of Vacation Pay for Approved Vacation Hours
    By shenyll in forum Employment and Labor
    Replies: 4
    Last Post: 08-09-2012, 09:23 AM
  5. Compensation and Overtime: Can Former Employer Ask for Return of Vacation Pay for Approved Vacation Hours
    By shenyll in forum Employment and Labor
    Replies: 2
    Last Post: 08-09-2012, 09:01 AM
Sponsored Links

Legal Help, Information and Resources