Other Resources My Cup of Joe » Another HR question Rss Feed  
Moderators: k9car363, the bear, DerekL, alicefoeller Reply
2011-02-08 1:26 PM

User image

Member
208
100100
Longview, Texas
Subject: Another HR question
My wife works at a Super8 Motel that is family owned and operated. They have very few employees outside the "family" most of them are illegal immigrants that they pay minimum wage and no benefits at all.
My wife is part of their only 2 "Legal" full time employees, she is working there for 18 months and last month she took 1 week vacation. being a small company, she never received a employee handbook, but she asked the other employee full time if they paid his vacation (he took in November) and he said yes, he is there for 3 years and always got paid 1 week/year.

They did not paid her, and when she asked the manager/owner, he told her that they don't usually pay it until they are sure she will be around for the long run.

She didn't want to argue and now is looking for another job, but is there anything she can do to get this money? I think she should tell them she is going to labor law and file a complain, bet she does not want to do this?

Any suggestions or ideas? 
If it matters we live in North Carolina 


2011-02-08 1:40 PM
in reply to: #3345350

User image

Subject: RE: Another HR question

Did they, the managment/owners tell her she would get a paid vacation. If not I would say chalk it up to experience, she could have asked at the interview or after being hired.

2011-02-08 1:41 PM
in reply to: #3345350

User image

Expert
1019
1000
Muncie, IN
Subject: RE: Another HR question
Going to the labor law to file a complaint about ...??  Not receiving the paid vacation or about them hiring illegals?  If she doesn't like that they hire illegals, why was she working there for 18 months?  If she's upset about not getting the paid vacation, she should check her contract - or get a contract.  She probably doesn't have a leg to stand on without a pre-arranged agreement about paid vacation.
2011-02-08 3:02 PM
in reply to: #3345350

User image

Member
208
100100
Longview, Texas
Subject: RE: Another HR question
About the illegals, she didin't know untill one of them told her that she was looking for another job, since I work with a contract cleaning, I told her to ask the lady to come talk to me and maybe I could hire her, when she came and my company run her papers, we saw it was fake. I think that the illegals bother me more than my wife, but have you ever tried to file a complain, it is not so easy.

her main problem is with the paid vacation, she does not have a contract, as I said, it is a family hotel but can they pai vacation for employee A and not for employee B?
isn't this discrimination? I don't want to bu unrealistic, but my company is so Black and white when it comes to HR that I believe she has a valid point when they pay one person and not another.
2011-02-08 3:14 PM
in reply to: #3345557

User image

Sensei
Sin City
Subject: RE: Another HR question

Did you do an LT field test???


Oh, different HR...

(and you wonder how I got to 25k plus posts...  Well, there you go)



Edited by Kido 2011-02-08 3:14 PM
2011-02-08 3:59 PM
in reply to: #3345350

User image

Lafayette, CO
Subject: RE: Another HR question
With nothing stated in a handbook or contract or offer letter I don't think she has anything to back her up.  Of course they can pay one employee vacation and not another.  People get paid different salaries than co-workers all the time which is essentially the same thing.  I can't imagine starting a job and not knowing the paid vacation and other benefit policies. 


2011-02-08 7:01 PM
in reply to: #3345700

User image

Member
208
100100
Longview, Texas
Subject: RE: Another HR question
COSkiGirl - 2011-02-08 4:59 PM With nothing stated in a handbook or contract or offer letter I don't think she has anything to back her up.  Of course they can pay one employee vacation and not another.  People get paid different salaries than co-workers all the time which is essentially the same thing.  I can't imagine starting a job and not knowing the paid vacation and other benefit policies. 


I agree with the different pay, but always saw the benefits as being something to be equal to all, looking this way, it makes sense, that is why I asked. If it has to be a hard lesson to be learned than so be it.

as far as starting a job without knowing all benefits etc... we moved from Brazil back in 2002 and she was at home mom since waiting on her visa, she got her Green Card last year and started to look for a job, she has experience in Brazil but none here and a 7 year Gap on her resume so she kind of took the first offer she got to get back into the job market. 

Thanks for the replies, she is already looking for a new job 
 
2011-02-08 7:37 PM
in reply to: #3345578

Iron Donkey
38643
50005000500050005000500050002000100050010025
, Wisconsin
Subject: RE: Another HR question
Kido - 2011-02-08 3:14 PM

...

(and you wonder how I got to 25k plus posts...  Well, there you go)



About time!!
2011-02-08 9:08 PM
in reply to: #3345983

User image

Lafayette, CO
Subject: RE: Another HR question
ricmachado - 2011-02-08 6:01 PM
COSkiGirl - 2011-02-08 4:59 PM With nothing stated in a handbook or contract or offer letter I don't think she has anything to back her up.  Of course they can pay one employee vacation and not another.  People get paid different salaries than co-workers all the time which is essentially the same thing.  I can't imagine starting a job and not knowing the paid vacation and other benefit policies. 


I agree with the different pay, but always saw the benefits as being something to be equal to all, looking this way, it makes sense, that is why I asked. If it has to be a hard lesson to be learned than so be it.

as far as starting a job without knowing all benefits etc... we moved from Brazil back in 2002 and she was at home mom since waiting on her visa, she got her Green Card last year and started to look for a job, she has experience in Brazil but none here and a 7 year Gap on her resume so she kind of took the first offer she got to get back into the job market. 

Thanks for the replies, she is already looking for a new job 
 


Oh, I didn't mean she shouldn't have taken the job, just know what the total compensation package (which includes benefits) is.  I know that some companies will negotiate benefits like vacation pay as part of salary negotiations so while some companies have it set as equal for everyone that is not always the case.  Good luck to her in the job hunt.  
2011-02-09 6:22 AM
in reply to: #3345350

User image

Champion
4835
2000200050010010010025
Eat Cheese or Die
Subject: RE: Another HR question
Not to be to harsh, but...

It doesn't sound like she asked the owners/management if she had paid vacation prior to taking it, only asked the other employee? If she didn't ask management then it is her fault for assuming she would get the same as someone who has been there two times as long. I'd say there isn't much she can do.

2011-02-09 8:29 AM
in reply to: #3345557

User image

Champion
14571
50005000200020005002525
the alamo city, Texas
Subject: RE: Another HR question
ricmachado - 2011-02-08 4:02 PM
her main problem is with the paid vacation, she does not have a contract, as I said, it is a family hotel but can they pai vacation for employee A and not for employee B?
isn't this discrimination?


This is NOT discrimination.  If the other employee requested or negotiated paid vacation and she didn't, then she doesn't get one.  A guy that got hired here on the same day as I did started off with 3 weeks vacation while I only got 2.  He asked for it, I didn't.  My loss...but certainly not my employer's problem.


New Thread
Other Resources My Cup of Joe » Another HR question Rss Feed