Anyone here have any human resources or employment law experience?

Buster H

Alt-F4
Wackbag Staff
#1
I work for company A and we provide a service to company B. Company B is shutting down their facility for a week in July and another week in Sep.

Since there will be zero work for us to do during this time. My company is forcing us to either take vacation or to take the time off without pay.

As of right now, I am planning to take both weeks off without pay and I will be able to claim unemployment for one of those weeks (just verified this with the MA unemployment office)


My question is, is this legal? Can we be forced to do this? If so, are there any requirements for a limited amount of advance notice? I overheard someone at the office talking about a 60 minimum, but cannot find it anywhere
 

bubbawadd

Registered User
#2
Are you an hourly at will employee? If so, yes it is perfectly legal, same as a temporary layoff. Employers do not need to give notice to an at will employee, just as at will employees can just walk out anytime they want. It's not good business, but it's not illegal.
 

Buster H

Alt-F4
Wackbag Staff
#3
Are you an hourly at will employee? If so, yes it is perfectly legal, same as a temporary layoff. Employers do not need to give notice to an at will employee, just as at will employees can just walk out anytime they want. It's not good business, but it's not illegal.
I gotta verify that. I've never been one to run to find a lawyer. I'm just a little upset at their arrogance of "you have to take vacation now."
 

Bill

Registered User
#4
The advance notice requirements have a lot of rules associated with them. The one that applies in your case is that the layoff has to be for 6 months or more for them to be required to notify you in advance.

This notification rule is called the Worker Adjustment and Retraining Notification (WARN) Act. Here is pdf of the Workers Guide to Advance Notice of Closings and Layoffs.
 

ianbobo

Well-Known Member
It's My Birthday!
#6
My old Jewish boss had a factory in New Bedford and he'd close for each and every Jewish holiday. The workers went to unemployment together and collected even if it were only for a couple of days.
 
#7
Are you 100% positive that when you come back, the doors to the building won't be locked, or there will be massive layoffs?

If not, I'd take the vacation time. I've seen this several times before.
 
#8
I'm pretty sure that's going to be different from state to state.
 

Buster H

Alt-F4
Wackbag Staff
#9
Are you 100% positive that when you come back, the doors to the building won't be locked, or there will be massive layoffs?

If not, I'd take the vacation time. I've seen this several times before.
Yeah, I am sure. They have done this in the past. It's called a factory "warmdown" and they do them from time to time in the semiconductor industry.

If the plant were to actually shut down, I would be able to transfer to one of our other offices in the country or to our headquarters.
 

AngryPest

Registered User
#11
I have worked for a couple of companies in MA that did that. One place was trying to avoid additional layoffs. They shut down Christmas week and the week of July 4th. Most people on the floor collected.
 
2

2 FarGuy

Guest
#12
I don't think it legal, but most people don't fight it because it just makes for a hostile work environment.

Years ago I worked for a bullshit company that would dock a vacation/sick day (10 total for the year) if I was late more than 5 minutes 2x within 1 week.

Late in the year, I had used all my days. I came in late around the holidays 2x and they wanted to dock me a full days pay, basically taking a day back to enforce the rule.

He told me it was legal and I made him call the NYC Dept. of Labor, or whatever it was called. On speakerphone, I told the person the situation, followed by "Can they do that?"

The person said no, and the comptroller asked. "Even if we have a company rule?"

He didn't like the answer.

I got docked a 1/2 hour total.

I quit in February.
 

THE FEZ MAN

as a matter of fact i dont have 5$
#13
every place ive ever worked, if you dont come in you dont get paid. were i work now i get 6 days off a year, paid, the rest are on me,
 

AngryPest

Registered User
#14
We just had a manager who tried to pull the "if your Min's late, your docked 1/2 a day" shit.

He pulled it on one guy who's kid was sick. The guy left at noon and took the rest of the day off saying "I don't work for free".

The manager wrote him up and HR flipped out. End of story, Time restored, write up destroyed and manager reprimanded.

Probably helped that the guy was a golfer...
 

Buster H

Alt-F4
Wackbag Staff
#15
every place ive ever worked, if you dont come in you dont get paid. were i work now i get 6 days off a year, paid, the rest are on me,
that's the problem, I want to be there, there just isn't any work for us at my main site and nothing has been done to try to give us an alternative.

I've talked to a few buds around the country and the manager in Phoenix is going to try to get me out there to help them out for the planned Sept shutdown.

I'm also at a high enough level where work I do alot of stuff remotely for other sites.

The things I am doing to ensure I have something to do are the exact things that I think my managers should be doing for the rest of the guys. I'm just lucky enough that I have contacts across the nation within our company
 

fkornre

Boogity Boogity Boogity...Let's go racing boys...
#16
I am emailing your first post to my VP of HR...he is a good friend of mine...i live in jersey but I hope to have some kind of answer that perhaps might apply to you...
 
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