Legal Question in Employment Law in Massachusetts

Failure to reimburse compensatory days off

Hello:

I quit my company on 11/20/00 and gave them 2 weeks's notice and I told my new company I would join them on 12/04/2000. My team manager suggested that since I had 4 compensation days off granted by my project manager why don't I take a week off before joining my new company? I thought it was a wonderful idea to take a break before a new job. Yesterday, 11/29, I was told by the HR that they mailed me a check through 11/22/00. When I asked her for the calculations I found out she did not include the 4 days I earned. I am having a tough email battle with her, to no avail. I told her that had I known this was going to happen, I would have served my full two weeks or joined my new company earlier. Also, this is a web consulting dot com company and I have put in innumerable hours for them. I told her if I actually counted the hours, then based on a say 50 hour week I could easily claim 4 weeks vacation. She said that the number of hours I put in did not matter. Is that true? Please advise me as to my next step. I am losing an entire weeks' pay. Thanks.


Asked on 11/30/00, 9:29 am

1 Answer from Attorneys
Evan Fray-Witzer Law Office of Evan Fray-Witzer

Re: Failure to reimburse compensatory days off

The company has to pay you for the comp days. You can call the Attorney General's office and ask for the Fair Labor Practices division. In your next email, you may also want to mention that under the wage laws (G.L. c. 149, s. 148), a company that fails to pay wages can end up being liable for three times the amount owed. That might wake them up.

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Answered on 12/04/00, 10:17 am


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