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  1. #1
    Join Date
    Feb 2015
    Posts
    6

    Default Can an Employer Amend Your Start Date When You Change Positions

    My question involves labor and employment law for the state of: Iowa.

    I started full-time in a salaried position at this company in 10/2001. Some years later, I went to a part-time position, same job. In 02/2015 I went back full-time, same position. The opportunity to go back full-time was offered to me so I took it. Now, I see they changed my start date to 01/2007, essentially negating the 5+ years I worked here. Is this legal? What actions can I take to get this corrected? Thanks!

  2. #2
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Employer Changed My Start Date

    I suspect they did so for a reason. Have you directly asked them why? When did you go part time?

    Where are you finding the revised hire date? (Most employees would never see a change like this) Is it on an annual Benefits statement? It is possible they had to change your hire date so that calculations such as vesting and service credits for things like the retirement plan were done correctly (as you might not have worked enough as a PT employee to earn a service year). This is common in some arenas where there is only one spot for hire date and benefits are calculated off that date. This is their record and is legal as hire date is not a protected piece of data.


    I also would ask why you are concerned? I would think if a later reference were asked for you could explain their reason and they could find it in your file.

  3. #3
    Join Date
    Feb 2015
    Posts
    6

    Default Re: Employer Changed My Start Date

    Thanks for your response!

    I went part-time several years ago. It would have been 2007 but not in January.

    We just started using ADP to manage time and absences. I can see my start date in there. They have not yet updated the system with accrued vacation, which is where my concern is. Since I started here in 2001, I should have accrued 4 weeks of vacation. If they base it off the 2007 start date, then I will need to wait several more years before I'm eligible.

    When I originally started with the company (in 2001), they gave me a special start date in order to allow me to vest in the pension plan at an earlier date.

  4. #4
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Employer Changed My Start Date

    It is very possible that your service while part-time doesn't count in their accrued vacation calculation especially if part-time employees don't accrue any. They aren't wanting to give you credit for the PT years (which is pretty normal actually) But I suspect that is what they are working off of -- only they can tell you the exact why...I am just guessing....

    It is up to them to determine how to calculate service for purposes of paid timeoff/accrual;. As a matter of wage law, there is no requirement they give you any paid timeoff/accrual. They could restart your hire date as of the 2015 and not count ANY of the prior FT service if that was their policy.

  5. #5
    Join Date
    Feb 2015
    Posts
    6

    Default Re: Employer Changed My Start Date

    Thanks again. I appreciate your input.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer Changed My Start Date

    Not too long ago I had an employee here complaining of the same thing. What I told her was that the field she was looking at reflected her start date IN THAT POSITION. Her overall start date with the employer was stored elsewhere.

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