employer lied

gatorb8jake

New Member
Jurisdiction
Mississippi
My employer told me they were going to pay me for my time off at christmas, I work for a contracting company and am employed at a shipbuilding facility that closes every year for two weeks at christmas. I started with a new contracting company after the one I was with had lost their contract in the shipyard and lost my vacation time accrued as they do not pay vacation time if you are not with them at the anniversary date. The new company's head boss told me not to worry about it he would take care of me and both he and my handler stated that they would pay me 40 hours a week for each week I was off. I recieved my last work pay right before christmas for time I had worked the week before and there was a check for 250.00 attached stating "Merry Christmas" I thought it was a nice gift. The following week, when I should have recieved my first "vacation pay" nothing was in my account and I couldnt reach my handler, finally after I returned to work I contacted her and was told "no we are not giving you any paid time off other than the 250.00 that you had earned as "accrued paid time off" and that there should have been a letter stating that they would not be giving the vacation pay as promised as apparently it was " against the law for an employer to pay the employee for time not worked" now I am left without rent or transportation money that I was tol would be there and I want to take some sort of action against them. Is there anything I can do?

My employer told me they were going to pay me for my time off at christmas, I work for a contracting company and am employed at a shipbuilding facility that closes every year for two weeks at christmas. I started with a new contracting company after the one I was with had lost their contract in the shipyard and lost my vacation time accrued as they do not pay vacation time if you are not with them at the anniversary date. The new company's head boss told me not to worry about it he would take care of me and both he and my handler stated that they would pay me 40 hours a week for each week I was off. I recieved my last work pay right before christmas for time I had worked the week before and there was a check for 250.00 attached stating "Merry Christmas" I thought it was a nice gift. The following week, when I should have recieved my first "vacation pay" nothing was in my account and I couldnt reach my handler, finally after I returned to work I contacted her and was told "no we are not giving you any paid time off other than the 250.00 that you had earned as "accrued paid time off" and that there should have been a letter stating that they would not be giving the vacation pay as promised as apparently it was " against the law for an employer to pay the employee for time not worked" now I am left without rent or transportation money that I was tol would be there and I want to take some sort of action against them. Is there anything I can do?
 
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Yeah, there's something you can do, many things you can do.

Get another job, get a loan, thank your employer for the "nice gift", enjoy the New Year, hug a tree, make a wish, give a friend a smile, oh so many things you can do; except mount a successful lawsuit against your employer who refused to aid and abet paying you for work NOT performed!!!
 
If it was actually in the contract you signed that you would be paid for that time, you can sue for breach of contract. There are a few states that *might* recognize the verbal offer as a contract, but that is going to be a long expensive road to pursue. Allowing employees to use accrued time is very common. Outright paying employees when they are not working and it is not accrued leave is extremely uncommon and it can cause issues with the IRS.
 
Vacation Leave in Mississippa

Mississippi has no laws requiring employers to provide employees with vacation benefits, either paid or unpaid. Mississippi's Legislature and its courts are silent regarding any obligation an employer may have regarding vacation leave, including whether an employer must pay an employee accrued vacation leave upon separation from employment. Due to the silence of Mississippi authorities on the matter of vacation leave, it is likely employer's are free to establish the vacation leave policy of their choosing. An employer would be required to comply with the terms of a valid employment contract containing vacation leave provisions.


MIssissippi – Leave Laws
 
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