Is this even legal in California?

[felixdakatt]

TweetMy company has a mandatory shutdown every year at XMas where they require everyone to take a weeklong vacation regardless of how much paid vacation you have. It is automatically deducted from your vacation account unless you and your manager can come up with a good reason why you MUST work over the holiday. If you don't have enough vacation days, you don't get paid for the days you cannot account for.

Here's the screwy part. I was just told I was "on call" over the vacation period, so if they need someone to come in and reboot a server during the XMas break, I have to come in and do it. This means I cannot go anywhere while on vacation because if they call me, I must be in the office within 2 hours.

Is it legal for them to force me to take vacation, and then to require me to stay nearby for the duration? I can't help but feel like I'm screwing the pooch here.

Any employment law expertise would be appreciated.

[felixdakatt]

Tweetp.s. I am a salaried employee, not hourly.

[bowbow]

TweetI'm no expert but wanted to say that it just doesn't sound right to me. Especially since your on call like that they shouldn't count it as part of your vacation days.

Ask Rado he knows everything about everything, Just ask him. lol

[Iapetos]

TweetIf you are salary exempt, then yes it's perfectly legal.

[JsJs24]

TweetIt does not sound legal to me but CA is a f*#ked up state (hope that doesn't offend you). My company is based out of CA also, and they are giving us 5 work days and forcing us to take 2 vacation days, whcih I do not agree with. If you are on "vacation" time then take a vacation. If they fired you for not being around then they would not be a company worth working for imo. However, iy may very well be legal because CA is a right to fire state, or something like that...lol. Basically, in CA a company doen not have to justify why they fire someone.

[mick-G]

TweetIf you are non union they can do pretty much what they want, if they are not discriminating, against you (sexually, or religiously). Also if there is no company rule/handbook that explains this. I went to an attorney yrs ago on this issue, and they call it "An Employee at Will", another words, an employeer has the right to do pretty much what they want with your job if there is nothing in writing and no union. They can actually lay-off/fire you at their will, just like you can quit and they can't do nothing about it. Just so there is no discriminating involved or they are going against their companies policies that can be proven.

[T-Man007]

TweetThat sucks for sure. However, here's my question: how is it 'mandatory' vacation is you are not allowed to take a vaction. The whole word vacation means absence from work, not on stanby. That's a temp. I would ask for a company handbook and get teh companies deffinition of vacation but I'd be almost certain they can't force you to take 'vacation days' if you are 'on call'. There's no such thing as an on-call vacation. That's a damn oxymoron. They either need to let you use your vacation another time or an hourly employee needs to take the on-call role. That way they can clock in if they need to go in. IMO

[Stout1]

Tweet

If you are non union they can do pretty much what they want, if they are not discriminating, against you (sexually, or religiously).

And thats a FACT!!!!!!

[firstenrgy]

TweetI'm not an expert on CA law but in NY if you are on call while you are on vacation time you can only be credited for the time you were called in for. Sucks but true.

[Iapetos]

TweetLook up "Salary Exempt" and "Salary Non-Exempt". Either way you are stuck but the non-exempt means they have to pay you overtime or comp you and they are held to how many hours a day you can work.

[felixdakatt]

TweetThere is no mention of any of this in our company handbook. I know for a fact they cannot just lay someone off for no reason, and they certainly cannot just fire someone without just cause. California law also states that if they lay me off, they have to give me 30 days paid leave so I can find another job.... lil something the California lawmakers tossed together when the dotcom bubble popped, leaving thousands on unemployment.
A few years back we laid a guy off who was suspected of stealing equipment from the company. He filed a wrongful termination lawsuit with the EEOC, and my company ended up paying him because he was never arrested, tried, or convicted of any crime. In fact, they won't fire anyone without doing months worth of documentation on their reasons for firing them first. Some people come in at noon, leave at 4pm, and take an hour long lunch inbetween, yet they're allowed to stick around because the company is worried about being sued for wrongful termination.

[Slightly Enhanced]

TweetI am salary, we shut down for 11 days, I get paid and it doesn't count against my vacation.......counting my blessings

[mick-G]

Tweet

There is no mention of any of this in our company handbook. I know for a fact they cannot just lay someone off for no reason, and they certainly cannot just fire someone without just cause. California law also states that if they lay me off, they have to give me 30 days paid leave so I can find another job.... lil something the California lawmakers tossed together when the dotcom bubble popped, leaving thousands on unemployment.
A few years back we laid a guy off who was suspected of stealing equipment from the company. He filed a wrongful termination lawsuit with the EEOC, and my company ended up paying him because he was never arrested, tried, or convicted of any crime. In fact, they won't fire anyone without doing months worth of documentation on their reasons for firing them first. Some people come in at noon, leave at 4pm, and take an hour long lunch inbetween, yet they're allowed to stick around because the company is worried about being sued for wrongful termination.

Of course a company has to give a reason for firing or lay-off. Each state has dif laws. To give an example, in a "not fault "state like mine, an employeer can terminate employment at their own will, just same an employee has.