Can they do this? Anybody?

[Thumper]

Lynn has worked for the Hyatt for 14 years and had 5 weeks vacation banked. We had plane tickets (bought in January) to fly to L.A. to visit her mom for two weeks in May. We also had a plan to spend a couple weeks with my sister and BIL later this year. That would have eaten up another couple weeks. The other week would have been spread out with a day off here and there (3-day weekends usually --- ie; 1 vacation day and a weekend). Last Friday, Lynn was told by her GM that she needs to take her vacation NOW since business is slow. (she didn't really have an option ... she was TOLD to take vacation) Well crap, that screwed up our plans for May, as we would then have plane tickets, but no vacation time. Ok, it's not a good time to fly right now, so moving our flights up is out ... and we really don't know if it'll be any better in May, so we cancelled our flights and travel plans completely. So, she officially started her vacation on Monday, as "ordered". Wow, on vacation and no place to go or any way to get there.

That brings us to today, day 3 of her 5-week "mandatory" ... ummm, vacation. This afternoon, she receives an email from her GM saying she's now officially "laid off". Ok, we kind'a saw the handwriting on the wall there, but she still has 4-1/2 weeks of vacation coming to her, so that'll give us a little room to come up with a game plan. Wrong! She was informed her company insurance ends as of today .... AND she will lose any vacation time she has not used. WTF????

Can they do that? Anybody know? Those dirty f'n rat-bastards!

Now we're really scrambling. She turned 62 in February and can "retire" on Social Security earlier than planned, but her 401K as well as her IRA (which we've contributed to for 30 years) are both in the toilet! So here she sits with no job, no medical insurance, no retirement income and the dirty thievin' cock-suckers have "stolen" more than a month of pay from her (IMO).

[Big Muddy]

Unf**believable, that they would do that to a 14 year employee !!!

Do ya reckon, hiring a lawyer would be of any help???

[Buckrub]

Sucks. I got "laid off" once. OK, twice. OK, the first time I was FIRED. Semantics. The firing was political, by a crony of a political name EVERYONE knows. Enough of that. I found something else.

But I did talk to a lawyer first. I was told that under any legal rules, employees are promised not one thing other than pay for their work, and overtime for hourly workers that work overtime. They have no promise of benefits whatsoever. No promise of insurance, pensions, nothing.

This is my experience, and may be wrong, or off base. It is certainly not what you want to hear. But you asked, and I have experience somewhat, and I thought I'd answer.

I do think we are in Chaos in this country, and I suspect times are about to get very, very bad. I hope to be very, very wrong. I am praying for all of us.

[Chicken Dinner]

Bucky’s right. (Did I just say that?[emoji6]). As long as it’s laid out that they can do it in the plan documents. (Not this makes it right.)


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[BarryBobPosthole]

She needs to contact her HR director and her congressman. She might not get any satisfaction with either but somebody needs to know its fucked up how they’re treating people.
BKB

[Thumper]

You may be right Bucky. I guess it depends on which side of the fence one is on to know how to look at it. IMO, she DID work for it ... in effect, she EARNED that vacation the same way one earns a paycheck. How is it fair that employee “A” and “B” has the same amount of vacation. Employee “A” takes their vacation in January and is paid. Employee “B” plans to take vacation in February, but is told they cannot and they will NOT be paid. It’s not like the company folded and filed for bankruptcy. They’re still open and running with a skeleton crew.

[Thumper]

Bucky’s right. (Did I just say that?[emoji6]). As long as it’s laid out that they can do it in the plan documents. (Not this makes it right.)


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Oh, that’s the part I forgot to mention. The original employee handbook (which was only available on-line btw) stated they’d be paid for their vacation time (unless fired for insubordination, theft, etc). What a surprise, the (original) handbook is no longer on-line, but a new one magically appeared (THIS MONTH) stating any accrued vacation will be forfeited upon “termination”. The official term the email used was “laid off” which means she will be up for rehire if and when the position re-opens. If THAT happens, I wonder if her vacation time would be reinstated. Yeah right. I won’t hold my breath.

[Chicken Dinner]

That might be actionable then. I’m just not sure. It could be worth a call to an HR attorney.


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[Chicken Dinner]

I did a quick Google search on whether employers are required to pay unused vacation and it looks like it depends on state law. About half the states prohibit doing it retroactively. No surprise, Florida is not on the list. I’m sorry, Thump. That just sucks.


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[Arty]

I did a quick Google search on whether employers are required to pay unused vacation and it looks like it depends on state law. About half the states prohibit doing it retroactively. No surprise, Florida is. It on the list. I’m sorry, Thump. That just sucks.


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I was gonna say that a company that size has all the state laws figured out and if they are y paying her, it’s probably legal. I only say that due to the size of the company. The HR dept these days are typically very well versed in the ways the can legally screw you.
Again, especially the size of the company she worked for

Sorry thump.

Hey on the bright side, a lay-off could mean she’s back in no time (assuming things turn right side up) and I’d bet you a dollar that her vacation pay accrual will be retroactive.


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[Thumper]

The size of the company and knowing every angle to screw you has been my thought also. I’m no attorney and am just flying by the seat of my pants here, but in MY worthless opinion, there “might” be an angle. Let’s say the company policy is that you lose any accrued vacation when you’re terminated. Ok, she was ON vacation, USING her accrued vacation time when she was laid off! To take vacation in the first place, it has to be approved by management. In fact, in this case, it was actually SUGGESTED by management. It seems like an even more low-life move to terminate her employment and take her earned vacation time away from her (because she didn’t use it) .... WHILE SHE’S USING IT! I don’t know, it’s just got my ass in a wad right now and I’m pissed at those worthless m’fers.

Management: Ummm, you have 5 weeks accrued vacation, you need to take it now.

Lynn: Ok, I’ll take a 5 week vacation.

Management: Vacation approved.

Lynn: “Enjoying” (ha!) the 3rd day of her 5-week vacation.

Management: Oh, sorry, you’re now “laid off” and you lose any unused vacation time.

Lynn: But I’m ON vacation, I’m using it now!

Management: Sorry, you’re fucked, have a nice day.

Something about that scenario (which is EXACTLY how it went down) just sticks in my craw. “We know you’re using your vacation right now, but we’re going to take it away from you for not using it.” WTF? I agree, probably the only person who could properly answer this question would be an attorney. The fact she was actually using it at the time AND it had been approved by management, may be my “got’cha” ... but the way our luck runs ... prolly not. :(

I guess I just need to vent and you bozos are my easiest victims. What a bunch of low-life fuckwads! (Not you youse dufes, THOSE dufes)

[Chicken Dinner]

Health insurance can be the real bite in the ass. I just had to pay for a month of family coverage when I switched jobs. Man, that sucks. I did hear at one point that they may lower the Medicare eligibility age as part of one of the stimulus bills. You may want to keep an eye out for that.


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[Arty]

It’s definitely worth a phone call to find out. With the bill that should pass she should also get 100% pay, assuming she isn’t taking in 100k a year. Fed now adding 600 weekly on top of whatever the max your state will pay.


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[BarryBobPosthole]

I can’t believe a company like Hyatt wouldn’t let emplyees either take their PTO or write them a check for. I’d expect it at Joe’s Bakery with four employees. I wouldn’t at Hyatt Regency. This doesn’t sound right. A company like hyatt should also pay some sort of severance based on years of service.

BKB

[Thumper]

Well, there’s the rub. It’s not a “corporate” hotel. It’s owned by a large consortium that owns something like 300-400 hotels. They bought a shitload of Hyatt hotels and still operate under Hyatt standards, but have their own corporate set-up as far as payroll, etc. Kind of like a franchise type thing.

[BarryBobPosthole]

That’s still a lot of employees not to handle PTO in a standard way. She needs to seriously make some noise with their HR execs. What can it hurt?
BKb

[Penguin]

THIS is an example (of many) of why I don't believe in our health care system. I'm not sure a free market is even possible in HC.

No health care system is perfect. But they don't have to be immoral.

Will

[Thumper]

That’s still a lot of employees not to handle PTO in a standard way. She needs to seriously make some noise with their HR execs. What can it hurt?
BKb

Oh, trust me P-hole. I’ve been collecting paperwork all day and putting a case together.
I “think” I have found a way to stuff it up their butts, but I ain’t no dang attorney, so I may be in for a let-down. When I get off this little phone, I may post my findings here for an opinion from youse dufes. I WILL be making some major noise no matter what. Right now, I’m just worried about paying bills and finding a way to afford insurance for her. She’s only been without medical insurance one time in her life and that happened to be the ONLY time in her life she ended up in the hospital! To add insult to injury, she had just started working at the Hyatt and there was a 90 day lag before her medical benefits kicked in. She came up short by something like 17 days (really don’t remember exactly, but it was between 10 & 20) She was in for 3 days, no surgery, just tests and meds, etc. Afterwards, bills started rolling in from EVERY direction from people and companies we’d never even heard of. I remember calling one doctor’s office because Lynn had kept a log of every doctor she saw while in there and he was not on the list. I was told we were billed because HE WAS ON THE FLOOR that night. Nevermind the fact he never so much as stuck his head in the door to ask how she’s doing, just the fact he was in the frigging hospital gave him the right to send her a bill! Friggin’ thieves! Well, the bill came out to $87,000 and I had to take out a 2nd mortgage to pay it off. That was almost 14 years ago and IF I can stay on track with my payments, that loan will be paid off in September. I really don’t want to ever go through that again!

[jb]

I think the package going through the gov.now will help, unemployment is extended plus extra money, you two should get checks, but not sure about health insurance. Good luck.

[Hombre]

That sucks Thump. I can't really add anything that everyone else hasn't said but it sucks!

[Buckrub]

is this the chain owned by Don Ackerman guy? I think that's the name. He's a crook and a charlatan. He made 2.2 BILLION dollars MONDAY, by selling short the hotel stock he had talked down (as a well-listened-to market guru) for a week. And they still think he's a genius.

Meanwhile, some Repub Rep is gonna hold up the Aid Bill (it's NOT a stimulus bill, no one is working, the economy is not being stimulated, it's being propped up), I assume (????) because he won't vote for the pork. I think he's either a genius and a warrior, or crazy as a road lizard. I don't know his intentions yet. But tomorrow will be a HOOT, unless you are unemployed!!!!

World is in chaos. So glad I'm old.

[Buckrub]

https://www.marketwatch.com/story/hilton-suspends-dividend-to-furlough-staff-among-other-measures-amid-covid-19-pandemic-2020-03-26?mod=mw_latestnews

Furloughed employees will maintain health benefits and be eligible for unemployment benefits.

[Thumper]

Well, her hotel is a Hyatt, not a Hilton. Again, it’s no longer owned by Hyatt and I don’t know who Ackerman is.

These are the people who own her Hyatt. Heck, earlier I think I said they have 300-400 hotels (I was guessing), but it appears to be double that according to their web site.

https://www.hospitalitynet.org/organization/17011870/aimbridge-hospitality.html

[airbud7]

It’s definitely worth a phone call to find out. With the bill that should pass she should also get 100% pay, assuming she isn’t taking in 100k a year. Fed now adding 600 weekly on top of whatever the max your state will pay.



This^.....My Lynn is gonna make more money sitting at home.