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Collecting back vacation time paid for a LOA while employee was working for another company
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Collecting back vacation time paid for a LOA while employee was working for another company
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
I have a district manager (lives in MA, worked for us in NH) who asked for and was granted a 5-week personal leave of absence which she said was to go out of the country to visit family. She was allow
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Collecting back vacation time paid for a LOA while employee was working for another company
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Collecting back vacation time paid for a LOA while employee was working for another company
posted at 7/26/2010 6:28 PM EDT
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Posts: 4
First: 7/15/2009 Last: 7/27/2010 |
I have a district manager (lives in MA, worked for us in NH) who asked for and was granted a 5-week personal leave of absence which she said was to go out of the country to visit family. She was allowed to use accrued vacation and sick leave to cover the time off. She failed to return from the leave and we now found out that she was not on vacation and that she was been working for another company for several weeks, and stringing us along with a bunch of lies and excuses about why she couldn't come back from leave. Apparently she was just making sure she liked the new job before she quit the one with us. Do we have recourse against her to collect back the paid out vacation and sick pay? We do not have a non-compete, but she did sign a (weak) non-disclosure agreement. |
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Collecting back vacation time paid for a LOA while employee was working for another company
posted at 7/27/2010 3:08 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
A non-disclosure agreement, whether weak or strong or in-between, is irrelevant to this situation. So would be a con-competition agreement, even if you had one.
What state are you in? As you probably know, some states require the payout of accrued PTO/vacation pay upon termination. If you're in one of those states it means that even if the money should be returned to you now, you'd just have to give it all back to her the moment she resigns. If you're not in one of those states, your only option is to sue her in civil court for the money. Whether you win will depend largely on how solid your evidence is that she did all this deliberately, knowing it was unethical. However, if you decide to go this route, I would recommend contacting her first, telling her that you will sue her if she doesn't repay the money, and you will tell all prospective employers contacting you for a reference what she did. She may return the money at that point. |
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Collecting back vacation time paid for a LOA while employee was working for another company
posted at 7/27/2010 3:22 AM EDT
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Posts: 4
First: 7/15/2009 Last: 7/27/2010 |
It's a tricky situation - she worked in NH, where pay out of vacation is not required, but lived in Mass, where it is. Sounds like we're just out of luck on this one? |
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Collecting back vacation time paid for a LOA while employee was working for another company
posted at 7/27/2010 4:32 AM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Let me addd that unethical is not necessarily illegal. I don't care for what she did either, but, unless she committed some act of fraud and you can prove that within a proper legal definition (as opposed to the lay definition many of us use routinely) you will not prevail.
My advice is to chalk it up as a learning experience, cut your ties and move on. |
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Collecting back vacation time paid for a LOA while employee was working for another company
posted at 7/27/2010 4:33 AM EDT
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Retaining an attorney and pursing legal action would probably cost as much or more than what you'd get back.
I'd recommend letting this person go and being glad you no longer have someone with questionable ethics working for you. |
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Collecting back vacation time paid for a LOA while employee was working for another company
posted at 7/27/2010 6:23 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
Unfortunately, I've personally worked with a couple of US employers who would pay anything - anything! up to five times the value of the leave time taken! - just to get back at a former employee who did this to them. |
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Collecting back vacation time paid for a LOA while employee was working for another company
posted at 7/28/2010 11:58 AM EDT
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Posts: 464
First: 6/30/2004 Last: 11/22/2010 |
Me too. We called it the "screw you" fund, except the CEO had a more common term to describe it.
He would rather pay attorneys that succumb to any treatment that made him look like a pushover, and he made sure folks knew that. |
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Collecting back vacation time paid for a LOA while employee was working for another company
posted at 7/28/2010 2:19 PM EDT
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Posts: 1103
First: 3/16/2007 Last: 8/19/2011 |
Defending a company at great expense when common sense says it is nobler to walk away is the right of any organization. Those leaders have to answer to the owners and the board about those expenses and costs.
With rare exception the Boards I sit on would not accept the argument. |
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Collecting back vacation time paid for a LOA while employee was working for another company
posted at 7/29/2010 4:18 AM EDT
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Posts: 1771
First: 10/24/2002 Last: 9/14/2011 |
I currently have an acquaintance here in Toronto who worked for a US-based company. She resigned and has had to file a claim with Employment Standards (Canadian version of a DOL) for about $400 in vacation pay (mandatory to pay out upon termination). Her Texas-based employer has flown up here three times, accompanied by several lawyers each time, to tell ES officers that he doesn't care what Canadian law says, he's just not gonna pay! I suspect that all those air flights, hotels, lawyer fees, etc. so far have cost that company 'way more than $400 - what a waste of time and money. |
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