My wife informed her employer the she would be leaving at the end of July. Her employer has been dicking her around since she told her. She noticed on her 401K statement that the employer hasn't matched her contributions so far this year. She mentioned it to them this morning and was told "since you're leaving, we don't have to so we're not". Is this legal? In the employee handbook it states what will be matched. In my mind if it's in the handbook and offered to one person then it has to be offered to everyone no matter the reason. Help me understand.
Does she usually get the match with every paycheck? If so, did they not match before she put in her notice?
I think it may be worth spending a couple of hundred bucks for a consultation with an employment lawyer. I know the Internet is cheaper but most of us are unlikely to be aware of your local laws.
I'm not sure. I believe they have a little buffer as to when the employer match portion has to be in. I mean we're not talking about a huge amount of money or even possible growth from that amount not being in there. It's more the principal of it.
Some places match for each paycheck, some match at the end of the year. Others also have a vesting period, where the match happens with each paycheck, but the money isn't "yours" until you've been there a certain amount of time.
You might want to see if you can find out how it was handled in 2013 before paying a lawyer.
She's been there for seven years and I believe she was fully vested after five. She's also fighting to get paid for her vacation and sick time she has accrued this year.
They don't want to grant her that either? In that case, I can only repeat my recommendation above.
As someone else mentioned above, with the employer match it very much depends on when they pay it. A lot of companies only contribute the match once or twice a year and you lose out if you leave. Others like my current employer add their match at every pay period.
Not sure what a shark has to do with it, but just in case:
FYI, never tell an employer that you are leaving before an official 2 weeks notice.
This is exactly why.
She thought she was doing them a favor. To get a new person trained up so as not to hurt the very small business. She was then informed that the person they were going to hire to replace her is getting paid twice her salary and will still have to delegate part of her responsibilities to the other two people who work in the office.
They have slapped her in the face and gloated about it. If we didn't need the money for the move I'd tell her just to walk away.
nicksta43 wrote:
She thought she was doing them a favor.
Rule #1: This is business. Rule #2: This is business.
I'm sure the company would have given her plenty of courtesy notice of an impending layoff...
Not trying to slam on you, but a valuable lesson was learned here.
HappyAndy wrote:
FYI, never tell an employer that you are leaving before an official 2 weeks notice.
This is exactly why.
And make sure you are prepared to leave the second after giving notice, or to be told to pack your stuff and leave. If you can't afford to miss work between jobs, don't give notice til the last day. It sucks that it has come to that.
HiTempguy wrote:
Not trying to slam on you, but a valuable lesson was learned here.
Unfortunately the lesson is also that it screws over places like ours where we appreciate it if people give us more than two weeks notice and we're happy to work with people who decide that they want to move on to different pastures.
Bad apples and all that.
slefain wrote:
HappyAndy wrote:
FYI, never tell an employer that you are leaving before an official 2 weeks notice.
This is exactly why.
And make sure you are prepared to leave the second after giving notice, or to be told to pack your stuff and leave. If you can't afford to miss work between jobs, don't give notice til the last day. It sucks that it has come to that.
I've experienced both sides of this.
At one job I clocked out at lunch on Friday afternoon with a signed note of resignation stapled to my time card, because I knew that if I gave any advanced notice, they would dump me instantly.
At a different job I gave 2 weeks notice, expecting to get thrown out first thing the next day, because that was company policy, those shiny happy people made me work the whole 2 weeks!
forget the lessons... and what you learned.
Not paying her the holiday pay is not legal... this has already been earned by her!
The others I'm less certain of... time to get a lawyer......
mtn
UltimaDork
6/9/14 3:27 p.m.
slefain wrote:
HappyAndy wrote:
FYI, never tell an employer that you are leaving before an official 2 weeks notice.
This is exactly why.
And make sure you are prepared to leave the second after giving notice, or to be told to pack your stuff and leave. If you can't afford to miss work between jobs, don't give notice til the last day. It sucks that it has come to that.
If/when I get and accept an offer outside of my current company, I fully plan on coming in the night before and completing all of my cleanup as far as stuff that I'm taking with me. If they want to escort me out right then and there, I'll be ready without having to take even a box.
I hope that when that time comes, they tell me to take my vacation and leave, but I have a feeling I'll have to work for at least a day or two extra.
nicksta43 wrote:
She's been there for seven years and I believe she was fully vested after five. She's also fighting to get paid for her vacation and sick time she has accrued this year.
You definitely need to talk to someone who knows the laws in Texas. In California you not entitled to be paid out any sick-time. You are entitled payout of any unused vacation in your final paycheck.
It sounds like you dealing with some less than stellar people.
yamaha
UltimaDork
6/9/14 4:00 p.m.
In reply to HappyAndy:
Obviously that wasn't comcast......if you're a tech there and file your two weeks, they pay you to sit on your couch for two weeks. 
She is in TN. We won't be moving her out here until the end of July. I had an opportunity with my company that was very short notice and jumped without having the time to get all the plans together. She and the boy stayed behind due to some obligations coming up.
ihayes
New Reader
6/9/14 9:00 p.m.
Call the state labor board. It's why they exist. The company will fall in line once they realize the penalties involved, and this is cheaper than a lawyer.
ihayes wrote:
Call the state labor board. It's why they exist. The company will fall in line once they realize the penalties involved, and this is cheaper than a lawyer.
Quoted for truth.
I've had one dispute with an employer. The mention of a phone call to the labor board solved the problem rather quickly.
