More details to this question:
Full-time exempt salaried employees at do not accrue vacation benefits but are given an undefined amount of personal time for personal vacations at the sole discretion of the company as operational conditions permit. Employees may be required to respond to emails, telephone calls, mobile messages and other forms of communication while taking time off under this policy. The company (owner) has the discretion to determine if staffing coverage is adequate and sufficient to meet the operating requirements of the business. In order to remain eligible for this vacation benefit, you must be performing your job at a satisfactory level. This was the policy provided to me to sign and send back by the end of this week. There is one person that makes the decisions. He is the owner of the company and does not have a formal review process nor performance planning in place. His opinion of our performance is subjective to his feeling at the time. I do not want to sign the policy.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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You have set forth many complex issues. To properly answer these issues, I would need to review the employee manual. The employee manual would set forth the terms and conditions of employment. We would then be able to determine if the terms and conditions meet the legal requirements. I would recommend that you provide us with the employee manual.I would recommend that you hire us or another labor law firm to examine the issues and give you a written opinion as to the merits of the respective positions. Please call to discuss. Ed Dimon
Answered on Jan 21st, 2015 at 7:50 PM