or Connect
New Posts  All Forums:Forum Nav:

Vacation Pay Dispute

post #1 of 14
Thread Starter 
I work for a very reputable hotel company whose motto goes along the lines of "We take care of our employees and the employees take care of the customer."

Here is the situtation I was put in as per my Sous Chef:

Last year I had no problems getting my vacation pay, I work full time averaging 35+ hours a week (full time is defined as 30+). I was informed today that for some reason (reason is not even fully known by my Sous or Exec Chef) I am marked as part-time in the computer system, and part timers are not eligible for benefits. Thinking this was a mistake, my chef contacted the payroll department, but they said that they cannot do anything because that is how I am marked in the system.

I am totally furious about this, not because of the money, but just the principle that they are going to shaft me out of my vacation pay after spending close to 3 years with the company. What type of career path will I have to look forward to now that I know they are going to be so petty. I was told that I can protest this to the F&B Director and even the GM if necessary. If I cannot get my request fulfilled, I have all intention of quitting.


Maybe it is because I am frustrated right now, but I wonder, am I overreacting?
post #2 of 14
NOT overreacting.

If you have worked the hours, then the company is (most likely, depending upon the state) breaking the law.

If your Exec. Chef can't fix this for you, have a talk with your local State Labor Commissioner.
post #3 of 14

Overreacting?

No need to get upset just yet. When you calm down and are more sedate, speak gently with the F&B and / or the GM. If they paid you vacation time in the past, they are legally obligated to make good on it in the future, presuming nothing has changed in your employment status.

Good luck!

-Ron
post #4 of 14
It certainly appears to be a simple mistake, probably an honest one and probably of one person. However the larger the company, the more complicated the chain of command gets, the less simple everything gets. I wouldn't get mad at the company for the mistake of one person. Give the chain of command time to rectify the problem, but also work your way up the chain of command until you get satisfaction. At each level of management that you talk with, if no satisfaction is reached, simply ask without getting angry if you can, "who is your boss?". Then go talk to that person. Somewhere in the chain of command there will be someone who takes enough interest and has enough guts and initiative to correct the problem. I owned a small restaurant, not a large corporation, but even still, occasionally I would hear (always after the fact) of a guest who walked away dissatisfied. My reaction was always the same and it was one of dismay, how can I correct a problem if I am not aware of it. Also, as you work your way up through the chain of command, you will get a good view of the inside workings of the corporate infrastructure and actual working philosophy, as opposed to what they publish in neatly typed memos and employee manuals. Should give you a good basis for deciding how long and what future you foresee with the company.
Wisdom comes with age, but sometimes age comes alone.
Reply
Wisdom comes with age, but sometimes age comes alone.
Reply
post #5 of 14
I have to disagree with you, Cheflayne. There is a definate difference between a corporate group and a locally owned business.

You're right, this is probably just a clerical error that gotten cast in concrete. But going up the chain of command would just be a waste of time, and lead to increasing frustration.

Sooner or later, HR will have to get involved to correct the error. So, if his immediate boss can't or wont fix the problem, then I would go directly to corporate HR. Believe me, they'll get it done, quickly and painlessly. If not, the very mention of the State Labor Relations Board will get them hopping.
They have taken the oath of the brother in blood, in leavened bread and salt. Rudyard Kipling
Reply
They have taken the oath of the brother in blood, in leavened bread and salt. Rudyard Kipling
Reply
post #6 of 14
I never said there wasn't, and I have worked both.

Couldn't agree more and I would follow my advice in dealing with HR. Mentioning the State Labor Board, while it probably would "get them hopping", might also be perceived as a threat from a trouble maker and get a mention indirectly in employee file written in HR spin talk.
Wisdom comes with age, but sometimes age comes alone.
Reply
Wisdom comes with age, but sometimes age comes alone.
Reply
post #7 of 14
I'm going to have to side with ChefLayne as I'm going through this right now with RAS1187, albeit at different places and we've never met. I work at an upscale historic hotel though, not a chain...so the chain of command DOES eventually end there. Other than the sous's and the exec. sous, all it is for me is the exec, F&B, GM, maybe HR, then owner.
post #8 of 14
Thread Starter 
Good luck chad with your situation... here is an update on mine.

Nobody in the kitchen is happy about this, but it is beyond their control. I spoke to my F&B today, and he told me that he brought the case to the GM and spoke on my behalf to the GM, voicing his opinion about how unfair this is.

The GM does not have the authority yet to grant this request, I was told to give him a little time to bring the matter to corporate and then will either get the authority to grant/deny the request. I would hate to have to leave over something as petty as a few hundred dollars, but this is something I take very seriously. I can take the 4am cleaning shifts, but I will not tolerate them fooling with my money.
post #9 of 14
RAS1187,

You are posturing and not listening. You've told us that in the past you received the vacation pay working 35+ hours as your company recognizes 30 hours as full time.

As of yet, no one has said you are not entitled to the vacation pay or that you are not going to get it. They have told you that "you are in the system, as part time and they don't know why." They are looking into it for you. It may only be a clerical error.

If they have not changed your employment status, in writing, and had it acknowledged by you, then I suspect the labor board in any state will see that you receive the compensation. AND you will not have to quit to accomplish that. If denied, you can keep smiling be friendlyh, d your job and say "I don't agree, so I am going to ask the department of labor to look into this and make the determination."

If you start saying "you are going to quit over this" right away it just creates a difficult atmosphere. And why do that? If they straighten out their error, you'll still have a working relationship. I'm sure none of us has appreciated being threatened immediatly with dismissal when we have screwed up an order. It works the same way, it's harder to get over.

If the circumstances are as you have stated, most states would find in your favor. If you quit over this, before filling a compliant with the department of labor and giving them an opportunity to work the compliant; you can be denied unemployment insurance benefits.
post #10 of 14
Thread Starter 
To clarify,

I pointed out this status error to my chef and my chef pointed the error to payroll. What really gets me mad is payroll still denying the claim despite being informed of this error error. Their attitude (passed on from my sous is) this is how I am in the computer, they can change my status to full time starting today, but my vacation will still get denied because I was in the system as part time when I requested the time off. I received vacation pay last year because this detail was overlooked.

I have had some time to settle down now, I am in a calmer state of mind, but I will still stand my ground. I would never threaten my employer, its unprofessional. This is not my chefs fault, telling him that I am going to quit or go to the department of labor is not a good way to end a relationship, I agree. If I cannot get this situation fixed, all I plan on doing is politely turning in my 2-week notice and not saying another word about it.
post #11 of 14
If according to company policy, you should have been considered full time last year and thus received vacation pay, but were merely entered into the computer incorrectly, then they should correct the problem and pay up. If you exhaust your possibilities with trying to rectify the situation by going through the chain of command, and nothing is done about it, then by all means go to the labor board. You should receive what is rightly yours.

This is entirely speculation on my part, but I get the feeling that you are not getting the whole story from someone in the organization. I sense someone trying to cover up a bone head move, so they don't get in trouble with their boss. Keep pushing.
Wisdom comes with age, but sometimes age comes alone.
Reply
Wisdom comes with age, but sometimes age comes alone.
Reply
post #12 of 14
Thread Starter 
Well I am calm, the F&B and GM are working on it, they sympathize with me and I trust them.

Thanks for offering your advice guys, for the moment I am not going to do anything hasty. Just punch in and out normally while this thing pans out.
post #13 of 14
Thread Starter 
Problem solved... corporate overruled the accountants call.

I am going to get my vacation paid, on top of that there was abour 40 hours of PTO that I was not given last year due also to this part-time computer mistake.

My next check is going to have 40 hours of vacation, 42 hours of PTO, and about 65 hours of labor. 142 hour paycheck... I can live with that.
post #14 of 14
Good deal! Glad to hear it worked out.
Wisdom comes with age, but sometimes age comes alone.
Reply
Wisdom comes with age, but sometimes age comes alone.
Reply
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Professional Chefs