holiday pay

[airfocre1]

My company listed a paid holiday in our handbook and then did not pay us for it by amending the handbook after we realized only a few got paid, saying that the paid holiday was only for those who worked. One employed who doesn't even work on the specific day got paid for it and those who worked got time and a half. Do we have a rightful grievance?

 

[army judge]

I suggest you check with your union rep or shop steward. To answer that, you'll have to read, or be familiar with your collective bargaining agreement.


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[airfocre1]

there aren't any unions in texas but it is a small dental office, so thanks anyway

 

[airfocre1]

the employee handbook clearly states that sept 3rd was a paid company holiday and we were not paid, so now what?

 

[army judge]

the employee handbook clearly states that sept 3rd was a paid company holiday and we were not paid, so now what?

You mentioned "grievance", thus I thought union contract.

There are unions in Texas, but state law does not require you to join a union.

The fact that you work in small dental office, doesn't leave you much room to complain legally.

Why?

First of all, your employer is probably too small to fall under any regulatory agency for the purposes of your complaint.

Secondly, an employee handbook is not a contract. It is often more of a guide, or an outline.

Thirdly, if you make too many waves over this, you could find yourself unemployed. Before you ask, an employer doesn't need to have a reason to fire you. They can simply tell you your services are no longer required.

Fourth, if you persist on "doing something" about "being stiffed", in Texas such complaints are made with TWFC.

Here is their website:

http://www.twc.state.tx.us/customers/jsemp/employee-rights-laws.html

But, you might wish to read this before you proceed, ruffle feathers needlessly, and find yourself in pot of nasty, stinky, steamy, smelly "poo".

Translation: You might get that holiday pay, and the next day receive a "pink slip".


Under the Texas Payday Law an employer is not required to offer fringe benefits such as vacation pay, holiday pay or other pay for hours not worked.

However, if the employer offers these benefits in writing, the employer would be obligated to comply with their own policy or employment agreement.

The employer has the right to establish policy on how these benefits are earned, accrued, used and if they are paid out when not used, barring any policy which might be considered discriminatory as defined by law.