Forced to use PTO time

L

Logan541

New Member
Jurisdiction
Tennessee
The company I work for has old outed dated and faulty computer equipment. Servers are constantly crashing systems going down etc. When this happens they tell use we must use our vacation time since we cannot work (we work from home) What is worse is they still expect us to sit by the computer and keept trying to see if it is up yet or wait for a service tech to call use and help us try to get it running. Is any of this legal?
 
Logan541 said:
The company I work for has old outed dated and faulty computer equipment. Servers are constantly crashing systems going down etc. When this happens they tell use we must use our vacation time since we cannot work (we work from home) What is worse is they still expect us to sit by the computer and keept trying to see if it is up yet or wait for a service tech to call use and help us try to get it running. Is any of this legal?
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Yes
 
Logan541 said:
Is any of this legal?
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Yes, as long as you are being paid for the time you are required to sit and twiddle your thumbs, it isn't ILLEGAL.

Now, if the systems are down and your employer MANDATES that you use time you EARNED to sit by your computer and keep checking to see if the systems are "back up", that might be an issue.

If it is an issue, are you willing to DIE on that hill?
 
army judge said:
Yes, as long as you are being paid for the time you are required to sit and twiddle your thumbs, it isn't ILLEGAL.

Now, if the systems are down and your employer MANDATES that you use time you EARNED to sit by your computer and keep checking to see if the systems are "back up", that might be an issue.

If it is an issue, are you willing to DIE on that hill?
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Well that's what they are mandating we use PTO but have to still sit by the PC while tech support walks us through things and if tech support is not doing that we have to just keep checking in. Even though we are on PTO. As for me yes I am willing to dies on that hill. I am willing to go to court over that after seven years of stupid bs like this its time to fight them.
 
Logan541 said:
Well that's what they are mandating we use PTO but have to still sit by the PC while tech support walks us through things and if tech support is not doing that we have to just keep checking in. Even though we are on PTO. As for me yes I am willing to dies on that hill. I am willing to go to court over that after seven years of stupid bs like this its time to fight them.
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There's nothing to fight. It's legal.

... There is no Tennessee law that regulates fringe benefits. Company policy is the determining factor. These and similar matters are also determined by an agreement between the employees and the employer or their authorized representatives. Tenn. Code Ann. § 50-2-103 (3)

Wages & Breaks
 
The Federal government has made it abundantly clear that they do not believe issues of paid time off have anything to do with them - it is a matter between the employer and the employees.

Laws regarding paid time off are all at the state level. However, of the 50 states, only California cares at all about how PTO time is applied during employment and California doesn't care very much. More states care about how PTO or vacation is handled when you leave the company, but that doesn't help you here.

Do not take this as meaning that I approve of the employer's actions. I don't. But they are legal. Nothing in either Federal or state law prohibits him from doing what he is doing. As long as you are being paid for the time you spend waiting for tech support to fix the problem, it is not a violation of either state or Federal law to take it out of your PTO. Neither one cares what "bucket" the money you are paid with comes from - only that you are paid. If it comes out of your PTO, it's all the same to them.

Yes, I think it stinks too. My opinion and $2 won't even get you out of Starbucks.
 
cbg said:
The Federal government has made it abundantly clear that they do not believe issues of paid time off have anything to do with them - it is a matter between the employer and the employees.

Laws regarding paid time off are all at the state level. However, of the 50 states, only California cares at all about how PTO time is applied during employment and California doesn't care very much. More states care about how PTO or vacation is handled when you leave the company, but that doesn't help you here.

Do not take this as meaning that I approve of the employer's actions. I don't. But they are legal. Nothing in either Federal or state law prohibits him from doing what he is doing. As long as you are being paid for the time you spend waiting for tech support to fix the problem, it is not a violation of either state or Federal law to take it out of your PTO. Neither one cares what "bucket" the money you are paid with comes from - only that you are paid. If it comes out of your PTO, it's all the same to them.

Yes, I think it stinks too. My opinion and $2 won't even get you out of Starbucks.
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Hopefully retiring in October so if I can cause them a little grief why not
 
Logan541 said:
I am willing to go to court over that after seven years of stupid bs like this its time to fight them.
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Bully for you.

You'e a fighter.

Okay, all you need to do is HIRE yourself a lawyer who will assist you in beginning the "rebellion".

May the forces be with you, citizen.

Here's a slogan to jump start your efforts:

"My PTO matters."
 
Yes yes I am, but its long story but they have been trying to get me to quit for a long time let me drag it out and make them fire me in the meantime I have a lot of stuff actually a few of us have a lot of stuff that definitely violates a LOT of employment laws. Nobody wants to come forward on I am willing to. Already wrote a letter going to the CEO, Legal team and HR. They can't figure out why the good employees are leaving and why the quality of work went down. Well the good guys leave new hires are all friends of friends and it just a bunch of clicks, plus they discriminate against any one over 60. I have documents, screen shots. They made me take vacation time for my mothers funeral even though policy states we get 3 days. Lots of stuff
 
Logan541 said:
Yes yes I am, but its long story but they have been trying to get me to quit for a long time let me drag it out and make them fire me in the meantime I have a lot of stuff actually a few of us have a lot of stuff that definitely violates a LOT of employment laws. Nobody wants to come forward on I am willing to. Already wrote a letter going to the CEO, Legal team and HR. They can't figure out why the good employees are leaving and why the quality of work went down. Well the good guys leave new hires are all friends of friends and it just a bunch of clicks, plus they discriminate against any one over 60. I have documents, screen shots. They made me take vacation time for my mothers funeral even though policy states we get 3 days. Lots of stuff
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Well, have at it then.
 
The only thing you have posted that is in any way illegal is the discrimination of people over 60. If you really want to cause trouble that's the way to focus. The rest of the stuff is all non-starters if you're thinking lawsuit. If you're willing to stick with internal measures fine, use anything you want. But NOTHING you have posted, with the exception of the age discrimination, is going to get you anywhere in the courts.
 
army judge said:
Bully for you.

You'e a fighter.

Okay, all you need to do is HIRE yourself a lawyer who will assist you in beginning the "rebellion".

May the forces be with you, citizen.

Here's a slogan to jump start your efforts:

"My PTO matters."
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They will never take me to court they will settle outside. I have letters from a manager telling me at my age I would not really want to be looking for a job, I have write ups for not being productive yet at the same time metrics that show I closed more tickets and answer more calls then all but one person in the department and he ties me or beats me by one at best. I been saving stuff. They already have tons of lawsuits against them. It's not about PTO it's about justice and respect there are awesome workers there should have been promote many times over. I like to see them get ahead. I don't even want any money I just want them to investigate and hold people accountable
 
Logan541 said:
They will never take me to court they will settle outside.
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Winning is winning, as is more money in YOUR pocket, not theirs.

You are free to do whatever you wish to do.

Best of luck as you decide what you must do.

Logan541 said:
I don't even want any money I just want them to investigate and hold people accountable
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I've learned that anyone who hurts, injures, abuses, or harms innocent people; rarely cares if they get sued.

Heck, abusers of others only want two things: POWER and MONEY.
 
Logan541 said:
They will never take me to court they will settle outside. I have letters from a manager telling me at my age I would not really want to be looking for a job, I have write ups for not being productive yet at the same time metrics that show I closed more tickets and answer more calls then all but one person in the department and he ties me or beats me by one at best. I been saving stuff. They already have tons of lawsuits against them. It's not about PTO it's about justice and respect there are awesome workers there should have been promote many times over. I like to see them get ahead. I don't even want any money I just want them to investigate and hold people accountable
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They won't be investigated if there isn't wrongdoing. There isn't any any with the PTO issue. There is with the discrimination issue, if true.

The only way they are going to be held accountable is money.
 

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