My work contract was renewed - should my PTO days get renewed too? [closed]

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I started a work contract in August 2017, which came with 10 days of paid time off. I was not actually given access to my contracting company's PTO system until December 2017 though, so until the end of the year I was not able to use any of my days off. When my contract was up for renewal, I emailed my point-of-contact with the contracting company, asking if my PTO days would be renewed if I renewed the contract. They said yes, so I decided to renew my contract. However, after I've renewed the contract, they're now telling me that my PTO days should have reset at the beginning of the year, so they will not reset them now. This seems very sleazy to me, especially since they're claiming my PTO days reset shortly after I was given access to their PTO system. I still have the emails where they claimed my holidays would reset when my contract was renewed. So, what options do I have to convince them to stick to their word?







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closed as off-topic by Dan Pichelman, gnat, IDrinkandIKnowThings, Michael Grubey, YElm Aug 30 at 5:53


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Dan Pichelman, gnat, IDrinkandIKnowThings, Michael Grubey, YElm
If this question can be reworded to fit the rules in the help center, please edit the question.












  • What country are you in? And what does you contract say about it?
    – Peter M
    Aug 28 at 16:06










  • @PeterM I'm in the United States and my contract just says that I have 10 days of PTO - it doesn't say anything about when my PTO resets, because the contract is only valid for one year. And the contract just got renewed last week.
    – Austin Gamez
    Aug 28 at 16:12







  • 3




    Then you have a legal question which can't really be answered here. This is lawyer territory.
    – Peter M
    Aug 28 at 16:16






  • 2




    You may need to get legal advice, but your contract supersedes any "policy" or "system" at your employer. It's their problem to track things, not yours. Your obligations are what's in your contract.
    – Wesley Long
    Aug 28 at 16:18










  • You can negotiate for a vacation buyout or more PTO days for this year. You couldn't have reasonably used your PTO, because they didn't give you access to the system early enough and PTO resets every year.
    – jcmack
    Aug 28 at 17:44
















up vote
0
down vote

favorite












I started a work contract in August 2017, which came with 10 days of paid time off. I was not actually given access to my contracting company's PTO system until December 2017 though, so until the end of the year I was not able to use any of my days off. When my contract was up for renewal, I emailed my point-of-contact with the contracting company, asking if my PTO days would be renewed if I renewed the contract. They said yes, so I decided to renew my contract. However, after I've renewed the contract, they're now telling me that my PTO days should have reset at the beginning of the year, so they will not reset them now. This seems very sleazy to me, especially since they're claiming my PTO days reset shortly after I was given access to their PTO system. I still have the emails where they claimed my holidays would reset when my contract was renewed. So, what options do I have to convince them to stick to their word?







share|improve this question














closed as off-topic by Dan Pichelman, gnat, IDrinkandIKnowThings, Michael Grubey, YElm Aug 30 at 5:53


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Dan Pichelman, gnat, IDrinkandIKnowThings, Michael Grubey, YElm
If this question can be reworded to fit the rules in the help center, please edit the question.












  • What country are you in? And what does you contract say about it?
    – Peter M
    Aug 28 at 16:06










  • @PeterM I'm in the United States and my contract just says that I have 10 days of PTO - it doesn't say anything about when my PTO resets, because the contract is only valid for one year. And the contract just got renewed last week.
    – Austin Gamez
    Aug 28 at 16:12







  • 3




    Then you have a legal question which can't really be answered here. This is lawyer territory.
    – Peter M
    Aug 28 at 16:16






  • 2




    You may need to get legal advice, but your contract supersedes any "policy" or "system" at your employer. It's their problem to track things, not yours. Your obligations are what's in your contract.
    – Wesley Long
    Aug 28 at 16:18










  • You can negotiate for a vacation buyout or more PTO days for this year. You couldn't have reasonably used your PTO, because they didn't give you access to the system early enough and PTO resets every year.
    – jcmack
    Aug 28 at 17:44












up vote
0
down vote

favorite









up vote
0
down vote

favorite











I started a work contract in August 2017, which came with 10 days of paid time off. I was not actually given access to my contracting company's PTO system until December 2017 though, so until the end of the year I was not able to use any of my days off. When my contract was up for renewal, I emailed my point-of-contact with the contracting company, asking if my PTO days would be renewed if I renewed the contract. They said yes, so I decided to renew my contract. However, after I've renewed the contract, they're now telling me that my PTO days should have reset at the beginning of the year, so they will not reset them now. This seems very sleazy to me, especially since they're claiming my PTO days reset shortly after I was given access to their PTO system. I still have the emails where they claimed my holidays would reset when my contract was renewed. So, what options do I have to convince them to stick to their word?







share|improve this question














I started a work contract in August 2017, which came with 10 days of paid time off. I was not actually given access to my contracting company's PTO system until December 2017 though, so until the end of the year I was not able to use any of my days off. When my contract was up for renewal, I emailed my point-of-contact with the contracting company, asking if my PTO days would be renewed if I renewed the contract. They said yes, so I decided to renew my contract. However, after I've renewed the contract, they're now telling me that my PTO days should have reset at the beginning of the year, so they will not reset them now. This seems very sleazy to me, especially since they're claiming my PTO days reset shortly after I was given access to their PTO system. I still have the emails where they claimed my holidays would reset when my contract was renewed. So, what options do I have to convince them to stick to their word?









share|improve this question













share|improve this question




share|improve this question








edited Aug 28 at 16:13









Mister Positive

54.5k27177224




54.5k27177224










asked Aug 28 at 16:01









Austin Gamez

72




72




closed as off-topic by Dan Pichelman, gnat, IDrinkandIKnowThings, Michael Grubey, YElm Aug 30 at 5:53


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Dan Pichelman, gnat, IDrinkandIKnowThings, Michael Grubey, YElm
If this question can be reworded to fit the rules in the help center, please edit the question.




closed as off-topic by Dan Pichelman, gnat, IDrinkandIKnowThings, Michael Grubey, YElm Aug 30 at 5:53


This question appears to be off-topic. The users who voted to close gave this specific reason:


  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – Dan Pichelman, gnat, IDrinkandIKnowThings, Michael Grubey, YElm
If this question can be reworded to fit the rules in the help center, please edit the question.











  • What country are you in? And what does you contract say about it?
    – Peter M
    Aug 28 at 16:06










  • @PeterM I'm in the United States and my contract just says that I have 10 days of PTO - it doesn't say anything about when my PTO resets, because the contract is only valid for one year. And the contract just got renewed last week.
    – Austin Gamez
    Aug 28 at 16:12







  • 3




    Then you have a legal question which can't really be answered here. This is lawyer territory.
    – Peter M
    Aug 28 at 16:16






  • 2




    You may need to get legal advice, but your contract supersedes any "policy" or "system" at your employer. It's their problem to track things, not yours. Your obligations are what's in your contract.
    – Wesley Long
    Aug 28 at 16:18










  • You can negotiate for a vacation buyout or more PTO days for this year. You couldn't have reasonably used your PTO, because they didn't give you access to the system early enough and PTO resets every year.
    – jcmack
    Aug 28 at 17:44
















  • What country are you in? And what does you contract say about it?
    – Peter M
    Aug 28 at 16:06










  • @PeterM I'm in the United States and my contract just says that I have 10 days of PTO - it doesn't say anything about when my PTO resets, because the contract is only valid for one year. And the contract just got renewed last week.
    – Austin Gamez
    Aug 28 at 16:12







  • 3




    Then you have a legal question which can't really be answered here. This is lawyer territory.
    – Peter M
    Aug 28 at 16:16






  • 2




    You may need to get legal advice, but your contract supersedes any "policy" or "system" at your employer. It's their problem to track things, not yours. Your obligations are what's in your contract.
    – Wesley Long
    Aug 28 at 16:18










  • You can negotiate for a vacation buyout or more PTO days for this year. You couldn't have reasonably used your PTO, because they didn't give you access to the system early enough and PTO resets every year.
    – jcmack
    Aug 28 at 17:44















What country are you in? And what does you contract say about it?
– Peter M
Aug 28 at 16:06




What country are you in? And what does you contract say about it?
– Peter M
Aug 28 at 16:06












@PeterM I'm in the United States and my contract just says that I have 10 days of PTO - it doesn't say anything about when my PTO resets, because the contract is only valid for one year. And the contract just got renewed last week.
– Austin Gamez
Aug 28 at 16:12





@PeterM I'm in the United States and my contract just says that I have 10 days of PTO - it doesn't say anything about when my PTO resets, because the contract is only valid for one year. And the contract just got renewed last week.
– Austin Gamez
Aug 28 at 16:12





3




3




Then you have a legal question which can't really be answered here. This is lawyer territory.
– Peter M
Aug 28 at 16:16




Then you have a legal question which can't really be answered here. This is lawyer territory.
– Peter M
Aug 28 at 16:16




2




2




You may need to get legal advice, but your contract supersedes any "policy" or "system" at your employer. It's their problem to track things, not yours. Your obligations are what's in your contract.
– Wesley Long
Aug 28 at 16:18




You may need to get legal advice, but your contract supersedes any "policy" or "system" at your employer. It's their problem to track things, not yours. Your obligations are what's in your contract.
– Wesley Long
Aug 28 at 16:18












You can negotiate for a vacation buyout or more PTO days for this year. You couldn't have reasonably used your PTO, because they didn't give you access to the system early enough and PTO resets every year.
– jcmack
Aug 28 at 17:44




You can negotiate for a vacation buyout or more PTO days for this year. You couldn't have reasonably used your PTO, because they didn't give you access to the system early enough and PTO resets every year.
– jcmack
Aug 28 at 17:44










3 Answers
3






active

oldest

votes

















up vote
5
down vote













Your options here are a bit, well limited.



I would start by forwarding the emails on to your contact, re-iterating that you were unable to use last years PTO, and would like to have back the PTO for use and see what they say.



Your options if they say "to bad" are:



  1. Hire a lawyer and sue them for it, as you say you have emails. Doing this will most certainly either cause them to cancel your contract as soon as they can and you most likely won't be renewed.

  2. Just eat the PTO. This sucks I will admit, but at least you don't hurt your chances of keeping the contract during the next year and you shouldn't impact your chances of being renewed.

Going forward, make sure all such things, like left over PTO are clearly accounted for in your contract. This will make it very difficult for them to screw around with.



Crap choices for sure. Good luck.






share|improve this answer





























    up vote
    1
    down vote













    The problem is with your contact person at the contracting company. Give this person a phone call and explain that you deserve your PTO and just as he/she wouldn't give up his/her PTO, you intend to pursue it and ask them who you should speak with for assistance. If they refuse to help, thank them and end the conversation. You have given this person a chance to do the right thing.



    It's time to speak to someone with more authority at the company. Find the email or phone number for the head of human resources, this information should be on the company's web site or call their main number. Explain your situation and appeal to their sense of fairness, never make any legal or other threats.



    If the head of human resources refuses to help, then you can either consult with an attorney, many offer free phone consultations, or contact the department of labor relations in your state. Either way, start looking for a new employer as there is no benefit to staying with one who treats you unfairly. Good luck.






    share|improve this answer



























      up vote
      0
      down vote













      As a contractor, no they should not, renewing your contract means signing a new contract, and the new contract is what dictates your employment terms, not your old one.



      Now, there's a lot you could've done in the year leading up to this to avoid this situation, but let's not focus on that. What you should do now is... use your weight, you make the contracting company a ton of money, and that's why they gave you the PTO in the first place, so directly ask your contact and then your contact's boss for it and chances are you'll get it.



      Also, my understanding of how this works is the PTO comes out of the contracting company's pocket (a reason they'd want to screw you), unless their contract with the direct employer has a clause for compensation for PTO (but I haven't seen such a setup).






      share|improve this answer



























        3 Answers
        3






        active

        oldest

        votes








        3 Answers
        3






        active

        oldest

        votes









        active

        oldest

        votes






        active

        oldest

        votes








        up vote
        5
        down vote













        Your options here are a bit, well limited.



        I would start by forwarding the emails on to your contact, re-iterating that you were unable to use last years PTO, and would like to have back the PTO for use and see what they say.



        Your options if they say "to bad" are:



        1. Hire a lawyer and sue them for it, as you say you have emails. Doing this will most certainly either cause them to cancel your contract as soon as they can and you most likely won't be renewed.

        2. Just eat the PTO. This sucks I will admit, but at least you don't hurt your chances of keeping the contract during the next year and you shouldn't impact your chances of being renewed.

        Going forward, make sure all such things, like left over PTO are clearly accounted for in your contract. This will make it very difficult for them to screw around with.



        Crap choices for sure. Good luck.






        share|improve this answer


























          up vote
          5
          down vote













          Your options here are a bit, well limited.



          I would start by forwarding the emails on to your contact, re-iterating that you were unable to use last years PTO, and would like to have back the PTO for use and see what they say.



          Your options if they say "to bad" are:



          1. Hire a lawyer and sue them for it, as you say you have emails. Doing this will most certainly either cause them to cancel your contract as soon as they can and you most likely won't be renewed.

          2. Just eat the PTO. This sucks I will admit, but at least you don't hurt your chances of keeping the contract during the next year and you shouldn't impact your chances of being renewed.

          Going forward, make sure all such things, like left over PTO are clearly accounted for in your contract. This will make it very difficult for them to screw around with.



          Crap choices for sure. Good luck.






          share|improve this answer
























            up vote
            5
            down vote










            up vote
            5
            down vote









            Your options here are a bit, well limited.



            I would start by forwarding the emails on to your contact, re-iterating that you were unable to use last years PTO, and would like to have back the PTO for use and see what they say.



            Your options if they say "to bad" are:



            1. Hire a lawyer and sue them for it, as you say you have emails. Doing this will most certainly either cause them to cancel your contract as soon as they can and you most likely won't be renewed.

            2. Just eat the PTO. This sucks I will admit, but at least you don't hurt your chances of keeping the contract during the next year and you shouldn't impact your chances of being renewed.

            Going forward, make sure all such things, like left over PTO are clearly accounted for in your contract. This will make it very difficult for them to screw around with.



            Crap choices for sure. Good luck.






            share|improve this answer














            Your options here are a bit, well limited.



            I would start by forwarding the emails on to your contact, re-iterating that you were unable to use last years PTO, and would like to have back the PTO for use and see what they say.



            Your options if they say "to bad" are:



            1. Hire a lawyer and sue them for it, as you say you have emails. Doing this will most certainly either cause them to cancel your contract as soon as they can and you most likely won't be renewed.

            2. Just eat the PTO. This sucks I will admit, but at least you don't hurt your chances of keeping the contract during the next year and you shouldn't impact your chances of being renewed.

            Going forward, make sure all such things, like left over PTO are clearly accounted for in your contract. This will make it very difficult for them to screw around with.



            Crap choices for sure. Good luck.







            share|improve this answer














            share|improve this answer



            share|improve this answer








            edited Aug 28 at 16:31

























            answered Aug 28 at 16:16









            Mister Positive

            54.5k27177224




            54.5k27177224






















                up vote
                1
                down vote













                The problem is with your contact person at the contracting company. Give this person a phone call and explain that you deserve your PTO and just as he/she wouldn't give up his/her PTO, you intend to pursue it and ask them who you should speak with for assistance. If they refuse to help, thank them and end the conversation. You have given this person a chance to do the right thing.



                It's time to speak to someone with more authority at the company. Find the email or phone number for the head of human resources, this information should be on the company's web site or call their main number. Explain your situation and appeal to their sense of fairness, never make any legal or other threats.



                If the head of human resources refuses to help, then you can either consult with an attorney, many offer free phone consultations, or contact the department of labor relations in your state. Either way, start looking for a new employer as there is no benefit to staying with one who treats you unfairly. Good luck.






                share|improve this answer
























                  up vote
                  1
                  down vote













                  The problem is with your contact person at the contracting company. Give this person a phone call and explain that you deserve your PTO and just as he/she wouldn't give up his/her PTO, you intend to pursue it and ask them who you should speak with for assistance. If they refuse to help, thank them and end the conversation. You have given this person a chance to do the right thing.



                  It's time to speak to someone with more authority at the company. Find the email or phone number for the head of human resources, this information should be on the company's web site or call their main number. Explain your situation and appeal to their sense of fairness, never make any legal or other threats.



                  If the head of human resources refuses to help, then you can either consult with an attorney, many offer free phone consultations, or contact the department of labor relations in your state. Either way, start looking for a new employer as there is no benefit to staying with one who treats you unfairly. Good luck.






                  share|improve this answer






















                    up vote
                    1
                    down vote










                    up vote
                    1
                    down vote









                    The problem is with your contact person at the contracting company. Give this person a phone call and explain that you deserve your PTO and just as he/she wouldn't give up his/her PTO, you intend to pursue it and ask them who you should speak with for assistance. If they refuse to help, thank them and end the conversation. You have given this person a chance to do the right thing.



                    It's time to speak to someone with more authority at the company. Find the email or phone number for the head of human resources, this information should be on the company's web site or call their main number. Explain your situation and appeal to their sense of fairness, never make any legal or other threats.



                    If the head of human resources refuses to help, then you can either consult with an attorney, many offer free phone consultations, or contact the department of labor relations in your state. Either way, start looking for a new employer as there is no benefit to staying with one who treats you unfairly. Good luck.






                    share|improve this answer












                    The problem is with your contact person at the contracting company. Give this person a phone call and explain that you deserve your PTO and just as he/she wouldn't give up his/her PTO, you intend to pursue it and ask them who you should speak with for assistance. If they refuse to help, thank them and end the conversation. You have given this person a chance to do the right thing.



                    It's time to speak to someone with more authority at the company. Find the email or phone number for the head of human resources, this information should be on the company's web site or call their main number. Explain your situation and appeal to their sense of fairness, never make any legal or other threats.



                    If the head of human resources refuses to help, then you can either consult with an attorney, many offer free phone consultations, or contact the department of labor relations in your state. Either way, start looking for a new employer as there is no benefit to staying with one who treats you unfairly. Good luck.







                    share|improve this answer












                    share|improve this answer



                    share|improve this answer










                    answered Aug 28 at 21:41









                    Rick

                    111




                    111




















                        up vote
                        0
                        down vote













                        As a contractor, no they should not, renewing your contract means signing a new contract, and the new contract is what dictates your employment terms, not your old one.



                        Now, there's a lot you could've done in the year leading up to this to avoid this situation, but let's not focus on that. What you should do now is... use your weight, you make the contracting company a ton of money, and that's why they gave you the PTO in the first place, so directly ask your contact and then your contact's boss for it and chances are you'll get it.



                        Also, my understanding of how this works is the PTO comes out of the contracting company's pocket (a reason they'd want to screw you), unless their contract with the direct employer has a clause for compensation for PTO (but I haven't seen such a setup).






                        share|improve this answer
























                          up vote
                          0
                          down vote













                          As a contractor, no they should not, renewing your contract means signing a new contract, and the new contract is what dictates your employment terms, not your old one.



                          Now, there's a lot you could've done in the year leading up to this to avoid this situation, but let's not focus on that. What you should do now is... use your weight, you make the contracting company a ton of money, and that's why they gave you the PTO in the first place, so directly ask your contact and then your contact's boss for it and chances are you'll get it.



                          Also, my understanding of how this works is the PTO comes out of the contracting company's pocket (a reason they'd want to screw you), unless their contract with the direct employer has a clause for compensation for PTO (but I haven't seen such a setup).






                          share|improve this answer






















                            up vote
                            0
                            down vote










                            up vote
                            0
                            down vote









                            As a contractor, no they should not, renewing your contract means signing a new contract, and the new contract is what dictates your employment terms, not your old one.



                            Now, there's a lot you could've done in the year leading up to this to avoid this situation, but let's not focus on that. What you should do now is... use your weight, you make the contracting company a ton of money, and that's why they gave you the PTO in the first place, so directly ask your contact and then your contact's boss for it and chances are you'll get it.



                            Also, my understanding of how this works is the PTO comes out of the contracting company's pocket (a reason they'd want to screw you), unless their contract with the direct employer has a clause for compensation for PTO (but I haven't seen such a setup).






                            share|improve this answer












                            As a contractor, no they should not, renewing your contract means signing a new contract, and the new contract is what dictates your employment terms, not your old one.



                            Now, there's a lot you could've done in the year leading up to this to avoid this situation, but let's not focus on that. What you should do now is... use your weight, you make the contracting company a ton of money, and that's why they gave you the PTO in the first place, so directly ask your contact and then your contact's boss for it and chances are you'll get it.



                            Also, my understanding of how this works is the PTO comes out of the contracting company's pocket (a reason they'd want to screw you), unless their contract with the direct employer has a clause for compensation for PTO (but I haven't seen such a setup).







                            share|improve this answer












                            share|improve this answer



                            share|improve this answer










                            answered Aug 28 at 21:59









                            RandomUs1r

                            68929




                            68929












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