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resigned did'nt get my unused vacation time in check

Nurses   (2,401 Views 12 Comments)
by irish123 irish123 (New Member) New Member

1,522 Visitors; 26 Posts

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I resigned last week and gave proper notice (4weeks) to this agency that I worked for for 1 1/2 years. I did'nt get my unused vacation time on my last check.I called HR and left a message but no one called me back. Can they legally do this? I have always gotten my unused vacation time on my last check at other jobs. I feel like they are jerking me around. Any advice would be greatly appreciated.Thanks

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llg has 40 years experience as a PhD, RN and specializes in Nursing Professional Development.

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It depends on their policy. What does your employee handbook say their policy is? Always read the policies they have on those sorts of things to get the facts. Don't assume that their policies are the same as those of your previous employers.

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4,213 Visitors; 228 Posts

Can they legally do this? I have always gotten my unused vacation time on my last check at other jobs. I feel like they are jerking me around. Any advice would be greatly appreciated.Thanks

Yes, they can legally jerk you around.

I used to work for a notoriously penny pinching healthcare org that did the same thing. I called the corporate HR department to let them know I was quitting and copied them via email on my written notice to my boss. I was a stellar, award-winning employee and was leaving to attend nursing school They told me my accrued vacation time would be paid on the payday after my last day.

That day came. No check. I called the HR drone, who asked, "Did you give a notice?" Apparently looking for a way to delay me.

"Yes. Actually, I called you personally before I quit and I and copied you on said notice. Then you told me I would get my vacation compensation last week."

"Well, I'll have to confirm with your supervisor."

"You have to confirm with my supervisor that I spoke you to personally and sent you an email with my notice - a dated copy of which I recently forwarded to you?" I asked.

"Yes," the evil HR drone replied.

"OK then," I said. "After you confirm with my supervisor that I did indeed turn in the notice that you have two dated copies of in your possession...then when can I expect my check?"

The HR drone gave me a date a couple weeks into the future. Of course, that day arrives, no check is disbursed. So I call the same drone again.

"Hello, this is me again. Can you tell me the status of my vacation disbursement?"

HR drone replies, "Did you give a notice that you were leaving?" (I swear to Paul Westerberg that #&%* actually said that to me.)

Sigh. "Yes, I gave my notice, and I copied you on it the same day I gave it to my supervisor."

"I'll have to check with your supervisor."

"Look, Christy, this isn't my first rodeo and I know you are accustomed to working with morons. You are delaying my disbursement for some reason that apparently makes sense to you. Stop it. You told me I would get a check a month ago and I still don't have it. I swear I will call you, your supervisor, his, my old supervisor, the state board of health, and anyone else I have to until you cut me a check. If I don't have my check by the next payday, lawyers will be involved and I will make sure they focus on YOU. Personally. You have lied to me repeatedly, this 'Did you give notice?' business isn't going to fly and you know it. Knock it off. Get my check cut."

I don't know if that sped up the process, but I finally did get my check 2 months after I was supposed to. If I hadn't squawked I probably never would have.

I hate that company.

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Midwest4me specializes in A myriad of specialties.

9,391 Visitors; 1,007 Posts

Most definitely check your employee handbook. There may be a chance that the "vacation" check will be a totally separate one so don't rule that out.

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3,809 Visitors; 74 Posts

I don't suppose you could ID the penny pinching company....sounds like the one I want to quit....

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1,876 Visitors; 42 Posts

OMG! For a minute I thought I wrote this post! I too just resigned in Dec from a local hospital of 5 years and expected my vacation payout to be on yesterdays check (1/15) called payroll and never got a return call! All I can say is they may have a policy where they issue the payout on a seperate check? They didnt deduct any benefits from this check so HR must be well aware that I've resigned at this point.....GOOD LUCK!

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3,491 Visitors; 71 Posts

I understand that at my last place of employment - if one was planning on leaving - make sure that vacation time was posted on the employee time sheets...My time was consumed by FMLA.

I use

laborlawtalk.com

as a resource when dealing with crooked employers

something I didn't didn't have to do until I started nursing!

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698 Visitors; 11 Posts

I would try HR one more time, you know that agencies really don't like it when you leave them...but you may have to consult an attorney if that much PTO is involved

Edited by cimplyc60
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Emergency RN has 30 years experience and specializes in ED, CTSurg, IVTeam, Oncology.

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personally, i would try to preempt a lot of the "did you give notice?" games, by sending the notice, notarized, and mail return receipt, well in advance of the anticipated date. else, i would ask my supervisor to sign my dated notice, and i retain a copy of it (whether he or she signs or not is immaterial, it lets them know that i mean business). alternatively one could make sure that all vacation and holidays are exhausted; call in sick and use up sick time (even if one has to work per diem somewhere else for that night), and leave with zero time of any sort in the bank.

many, many hospital systems are notorious for shafting their departing employees out of time owed; it seems to be an industry standard. this happens so much that people should write their congressmen or other legislators, to enact laws to make employers immediately cash out remaining vacation or other already earned time before your last day. in other words say, if you provide four weeks notice, your employer would then be required by law to cash out your remaining time in two weeks. that way, if you don't get your check, you're still there to argue about it.

support your nursing unions! :yeah:

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bill4745 has 15 years experience and specializes in ICU, ER.

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You also can try calling your state labor board. This would avoid the expense off an attorney and may be just as effective.

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3,809 Visitors; 74 Posts

Wow!! Am I glad to trip over this posting!

The hh agency just started a pay per visit policy from an hourly wage program to "stop any overtime pay". The agency stated that the pay per visit would cover the charting, the travel time, the phone calling etc....at only $33 a visit. Must have a min of 30 visits a wk.... as the district manager said "actually work related activities will be closer to 40hrs.. we're only paying for 32"!!

Mileage would be paid if over 100 miles day, but the 29 miles I had to drive to the lab isn't factor it as it is required as an errand. Thus I drove 120 miles yesterday, and only am created for 91. Oh yeah... vacation pay... none existence.

Vacation pay is not longer. It's consider a benefit the employees pay out of their wages. Yep... if a nurse doesn't want to have a paid vacation she gets 40 for the visit, if she does... her ppv drops to 33.

Hmmmmm does anyone else think this is fishy?

Im definitely am going to contact these resources and ask questions.

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5,508 Visitors; 357 Posts

I would check your handbook. Some companies have policies in their handbooks that you lose it if you don't use it. Terrible policy, but not illegal, at least not in my state.

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