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  1. #1

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    I have a legal question and hope someone might have an answer

    Hi folks


    I just took a two week vacation and got paid vacation time for it. But because my boss had to pay me vacation time, she is trying to save herself that amount of money this month by cutting my hours way back and having someone who makes a third less than me or herself work those hours instead.
    Her daughter works as a receptionist on Saturdays and she let it slip yesterday that her mom is also trying to work more of my hours so she can save money for her vacation that she's planning to take next month. Obviously, this situation is totally crummy on my boss' part, but I'm also wondering if it's even legal for her to do this.


    I've been looking on the internet to find out if it is or not, but haven't found anything yet so any help any of you might be able to give me would be greatly appreciated.

  2. #2

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    Re: I have a legal question and hope someone might have an answer

    omg PB! That is so wrong!! I don't believe it is illegal (unless you have an employment contract in place w/ your employer). It's definitely not against the law to pull something like that here in Washington State - it's a "work at will" state. Employers and employees can leave/be terminated, have hours changed, etc., etc., for almost any reason (can't fire anyone due to color/creed/religion).

    Your employer sounds like a cheater. She probably didn't accrue your vacation funds on her books and when you actually went to take the vacation it showed as as ADDED expense to her monthly profit/loss statement, which is probably why she's doing what she's doing to try to recoupe those funds. NOT a good way to run a business. BIG RED FLAG that she has very tight cash/profit flows. Or, it could be she's just a greedy one.

    Either way PB, I'm so glad you had such a wonderful cruise, but it might be time to look for another employer. This one stinks in my book.
    Just countin' the days til the next visit!

  3. #3

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    Re: I have a legal question and hope someone might have an answer

    California however is not a "work at will" state.

    Legally however... I'm not sure. But it doesn't sound right. Maybe you should contact the nearest Labor Relations Board. This type of thing is a bit out of their scope of practice, but they might be able to point you to some information/advice that would be of help.




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  4. #4

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    Re: I have a legal question and hope someone might have an answer

    Call an attorney.

    Most give free initial counsel - it can not hurt to pick up the phone.
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  5. #5

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    Re: I have a legal question and hope someone might have an answer

    That's shady of your employer. Good luck.


  6. #6

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    Re: I have a legal question and hope someone might have an answer

    It's definitely shady, but probably not illegal unless you have a contract stating that you are guaranteed a salary or a certain number of hours/week. Since it's clearly retaliatory though, I'd for sure try to get a legal opinion.

    An actual legal opinion!
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  7. #7

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    Re: I have a legal question and hope someone might have an answer

    That is total BS, I'm so sorry that is happening.

    Regardless of the outcome, I hope you consider leaving that place of employment, you totally deserve better, and if that is the kind of POS boss you have, you deserve a change of pace. Maybe it's time to hang up a shingle and do your own thing? You would be a great boss, of yourself.

    Take care.




  8. #8

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    Re: I have a legal question and hope someone might have an answer

    That's 99.9% BS...
    I don't believe that would be illegal though unless under contract :\
    "Go confidently in the direction of your dreams! Live the life you've imagined." -Henry David Thoreau


  9. #9

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    Re: I have a legal question and hope someone might have an answer

    yeah. totally crappy. I agree with Max...you deserve SOOOOO much better.


    I say, find a real lawyer and inquire about it.




  10. #10

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    Re: I have a legal question and hope someone might have an answer

    If she's doing it out of retaliation, you could possibly sue for retribution. But I'd contact an attorney that specializes in labor laws to be sure.

  11. #11

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    Re: I have a legal question and hope someone might have an answer

    California is an at will state.... and I don't think it's illegal, but it is a crummy thing to do.

    also, keep in mind other things she has done and those can defiantly be sued over.

    n California, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it's not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In California, the at-will presumption can be overcome by evidence that despite the absence of a specified term of employment, the parties agreed who the employer's power to terminate would be limited in some way.

  12. #12

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    Re: I have a legal question and hope someone might have an answer

    I work for a huge corporation and we have departments who handle such things, but, I just want to say that it's extremely poor practice to do this to you, PB. I hope it gets worked out or that you find a more employee friendly place to work. That stinks what they are doing to you.

  13. #13

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    Re: I have a legal question and hope someone might have an answer

    Thanks for all the advice everyone.


    I had written her a letter yesterday telling her politely but firmly that I didn't think what she did to me was right or fair and that I hoped we could work something out that would benefit both of us.

    Today I had to go by work to pick up my makeup case that I left there and she had written me a letter back where she actually apologized for having done what she did and reassured me that yes, I am still contracted to work 20 hours per week and one Saturday per month, and telling me that she had reinstated my hours. She also apologized for having caused me any upset over this. I'm really glad because I was pretty upset over this , especially considering how much I have done for her over the years. I even went in from 6 am - 9 am the morning I was leaving for my trip because she didn't have anyone else to cover those hours .


    I also think she may have been worried that I was going to quit and I was seriously thinking about it.
    But I didn't want to have to resort to that since I count on my income to pay my twins' room and board at college.

    I'm just really glad this got resolved before I had to go in to work tomorrow!


    Thanks again to everyone who responded to this thread.

  14. #14

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    Re: I have a legal question and hope someone might have an answer

    I'd secretly look for another employer in the same field. Just list your current job in general terms on your resume and/or job application (minus the name of the company and the company phone number). Then, explain your situation to each potential employer.

    The moment that you land the new job, just quit without notice. It's no less of a mean trick than what that boss of yours has pulled on you. Revenge can be sweet justice. Leave the bitch high and dry.
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