Can my US fiance just be refused time off for emmigrating/helping me move?

[RUSSandRACHEL 3]

My fiance and I have almost finished going through the K1 visa process which has taken us almost a year. I am from the UK, he is from NJ, US. He works for a large pet retailer, Petco, and recently had a new general manager take over who has treated the whole team, but particuarly him, very badly. Right from the start she has deliberately changed his quantity of hours and schedule at the last minute for no reason, (which she knows doesn't suit him), she once refused to answer her phone to him in an emergency (he was the manger on duty in the store), she reprimands him in front of customers for not carrying out certain tasks that he has never been trained to do, she belittles other staff, she refuses to acknowledge him for work that he's done well, she also refuses to pass on compliments of good work from customers to higher up in the company and generally just makes life extremely difficult for him. He also recently saw her acting suspiciously around the safe one evening recently and when he queried why it wasn't balanced, she looked nervous and he saw her throw in money from her own pocket to make up the balance...

Anyway, he is so miserable there and hates his job so much he is about ready to walk out. He has been looking for another job for weeks already. He also fought very hard to get a letter for K1 to say that they pay him so much salary and so many hours and they have totally gone back on that. Now they just give him minimal hours and obviously not the same salary.

So in preparation for our new life together, it was always planned between us that he would come over to the UK and fly back with me in May when I emmigrate, to help me move and assist me transport my labrador dog over to the US. I am so grateful that he is coming over to help me as I really couldn't do it without him.

At this time, despite working for the company for a year, he is entitled to only 4 paid days off. These are for him to take before his 1 year of service runs out (which is by June 12th). We are then planning to get married during the last week of June, which he has also requested a week of paid time off for - as he will be entitled to 18 paid time off days by then. By the way, he has not taken any time off since he started working for the company last June.

Today he has been told by the manager that she is not prepared to authorise the first set of 4 days off at the end of May, and that he cannot have time off to come to england and must stay in work. She said she will authorise our time off to get married but not the time needed to emmigrate together. She has not given a reason and won't when she is asked repeatedly.

What can my fiance do? His payslip clearly says that he is entitled to this paid time off, but regardless of that, he should be entitled to take it unpaid if necessary in these circumstances. Does anyone have any suggestions? Can he complain to HR? Is this unfair treatment?

Many thanks for your help!

[Penguin_ie 5,997]

US employment laws are quite different from Europe, employees have far less rights, especially if not unionised.

I am not sure about NJ, but in Arkansas, an employee cannot take time off unless it suits the organisation, so if other people already have time of booked, or there is training planned or whatever, your husband could not take the time. Unpaid time off is always at the discretion of the employer.

[Mr. Big Dog 10,747]

It's a glance of what you're getting yourself into. Not sure how thing run in NJ but down south, you'd be sh!t out of luck in this scenario. Having a earned a vacation entitlement doesn't get you around the manager discretion in terms of whether to approve a specific time-off request. Now, they'll have to approve the time off eventually in a way that's meaningful to the employee but you can't really go and make plans prior to having arranged for your time way from work.

In my opinion, managers that screw their staff on vacation schedules are pizzpoor managers and don't deserve to be in that position. Personally, I bend over backwards for my staff when it comes to time they want to take off. It pays off in many ways - loyalty, productivity, motivation and retention - that it's a no-brainer to me. But there other types out there thinking that being a tight ####### with the staff will earn them the next promotion. More often than not, it doesn't. But by the time they find out, too many staff have suffered.

[Danno 1,228]

US employment laws are quite different from Europe, employees have far less rights, especially if not unionised.

I am not sure about NJ, but in Arkansas, an employee cannot take time off unless it suits the organisation, so if other people already have time of booked, or there is training planned or whatever, your husband could not take the time. Unpaid time off is always at the discretion of the employer.

He needs to read up on what the company policy is for taking paid and unpaid time off.

These types of jobs usually are not very flexible and it seems like his requests are in my opinion a bit much.

If I understood correct, three separate vacation requests within a 6 month period? I have worked at places where it would take a major verifiable event to even get one irregular holiday.

Right now there are people knocking down doors to get even a job at petsmart so he might want to be careful about pushing too much.

Another option might be to work sick leave into a holiday weekend to get some time.

Good luck

[Ali G. 37]

US employment laws are quite different from Europe, employees have far less rights, especially if not unionised.

I am not sure about NJ, but in Arkansas, an employee cannot take time off unless it suits the organisation, so if other people already have time of booked, or there is training planned or whatever, your husband could not take the time. Unpaid time off is always at the discretion of the employer.

We have employment laws here?

[Mr. Big Dog 10,747]

We have employment laws here?

Yes.

[Darnell 8,479]

Let's all pray the new manager is transferred out soonish, ya?

In the meantime, yer man should be able to to ask for, and get, unpaid time off.

There's other names for this, as well.

unpaid vacation leave

unpaid days off

'not schedulable due to family'

the language varies, by state.

and

He'd have to request it.

Failing all of that, he can explore the avenue of 'unpaid leave of absence', as well.

Good Luck !

[Mr. Big Dog 10,747]

Let's all pray the new manager is transferred out soonish, ya?

In the meantime, yer man should be able to to ask for, and get, unpaid time off.

There's other names for this, as well.

unpaid vacation leave

unpaid days off

'not schedulable due to family'

the language varies, by state.

and

He'd have to request it.

Failing all of that, he can explore the avenue of 'unpaid leave of absence', as well.

Good Luck !

I thought the issue was scheduling rather than having benefit time available. If the manager refuses to grant the time off even if the employee has earned benefit time, then I just don't see how that same manager would then approve an unpaid leave request. That makes no sense.

[RUSSandRACHEL 3]

I sure hope I wont have to be dealing with this. Russ says no one will mess with me, once I give them the 'legal eagle' speech lol! Im known to give employers a hard time if they try messing me about... long story...

Thanks for your replies everyone. And no its not 3 requests for time off within a 6 month period - He started his position on June 12th 2009. He is requesting 4 days off at the end of May 2010 (to help me move) - which on his payslip says he has accrued at this time. He has to take these 4 days before the year of employment runs out - ie by June 12th 2010. That to me, is perfectly reasonable. He has not taken any other holiday in the past year!

Separately, we are getting married on June 27th and my family and friends will be coming over to NJ from the UK to spend time with us. Obviously we wont be seeing them fo a very long time afterwards so we would like to spend time with them and also - doh - we need time off for the wedding. This request for a few days off will be during Russ' 2nd year of employment - which according to his tems of employment will entitle him to 18 days paid off to be taken throughout the next year (June 12th 2010 - June 12th 2011). His manager has said she is fine with him taking the time off to get married. We dont even care if he is paid for that time off though. Its our wedding (!) and nothing is going to stand in the way of that.

As far as giving more notice goes, how were we supposed to do that? Like alot of people know very well on here - you cant do anything until you are approved for your K1 visa. So we're having to go with it a step at a time.

This just makes me so mad. They offered him the store manager position as his experience far outweighs the position hes in now. But, he refused because he wanted to do a 'simple job' and just get paid for something with little responsibilty for a change (he has run his own company for 22 years prior).

But this woman just makes my blood boil. The things I hear about her drive me crazy... she has completely humiliated staff in that store in front of customers and just done so many bad things (including the incident with the safe - that my fiance is reporting to HR)... I hope Russ finds another job within the next two months. He only applied for this job to meet the poverty guidlines on paper for K1. He had so many job offers before accepting this one. Its ridiculous how bad they are treating everyone there...

Oh and fyi, she is the third general manager to be employed in the last 6 months haha!

Thanks for listening!

Edited March 7, 2010 by RUSSandRACHEL

[Nagishkaw 510]

Topic moved from Off Topic to K-1 Fiance(e) Visa Process and Proceedures

http://www.visajourney.com/forums/index.ph...amp;s=&f=80

Edited March 7, 2010 by Nagishkaw

[Rebecca Jo 1,962]

I sure hope I wont have to be dealing with this. Russ says no one will mess with me, once I give them the 'legal eagle' speech lol! Im known to give employers a hard time if they try messing me about... long story...

Not to be unkind, but you’ll soon learn not to give employers a hard time and keep your mouth shut. If you want to keep your position, that is. People in positions such as your Russ have no employment contracts. In fact, most persons don’t have contracts. There are no tribunals to take your complaints to. You can’t just ‘walk out’ for ill treatment, wander down to the social security office, and draw your unemployment. You have to prove you lost your employment through no fault of your own. You may be able to draw your unemployment (if you quit your job) providing you can prove you were being ill-treated, but you must go through hearings to prove it. And even then, your unemployment typically lasts only six months.

Welcome to America.

Thanks for your replies everyone. And no its not 3 requests for time off within a 6 month period - He started his position on June 12th 2009. He is requesting 4 days off at the end of May 2010 (to help me move) - which on his payslip says he has accrued at this time. He has to take these 4 days before the year of employment runs out - ie by June 12th 2010. That to me, is perfectly reasonable. He has not taken any other holiday in the past year!

If he must use or lose these days by June 12, 2010, then he should be granted them. He should take the issue to upper management if there is a concern. Anytime however you go above your immediate supervisor, you risk the future wrath of that person. Again, welcome to America.

I wonder if you are confused about the expiry date of when his holiday time must be used. It is unusual in corporate America for the date by which benefits must be used to correlate to the “hire date” of the employee. It is usually tied to the date of either the calendar year or the fiscal year of the company. You want to make certain you understand the policy before you question it.

Separately, we are getting married on June 27th and my family and friends will be coming over to NJ from the UK to spend time with us. Obviously we wont be seeing them fo a very long time afterwards so we would like to spend time with them and also - doh - we need time off for the wedding. This request for a few days off will be during Russ' 2nd year of employment - which according to his tems of employment will entitle him to 18 days paid off to be taken throughout the next year (June 12th 2010 - June 12th 2011). His manager has said she is fine with him taking the time off to get married. We dont even care if he is paid for that time off though. Its our wedding (!) and nothing is going to stand in the way of that.

I should also caution you there may be some confusion on your part about his holiday time for next year. While some employers immediately grant next year’s holiday time at the start of the new year, others operate a system of accruing holiday days each pay period. In other words, an employee will accrue so many hours of holiday time each pay period, which they use later after the hours have accrued. This relates to my admonishment to you above as Russ may be able to carry over into the new year those four days rather than lose them.

[Christi and Ian 24]

My fiance and I have almost finished going through the K1 visa process which has taken us almost a year. I am from the UK, he is from NJ, US. He works for a large pet retailer, Petco, and recently had a new general manager take over who has treated the whole team, but particuarly him, very badly. Right from the start she has deliberately changed his quantity of hours and schedule at the last minute for no reason, (which she knows doesn't suit him), she once refused to answer her phone to him in an emergency (he was the manger on duty in the store), she reprimands him in front of customers for not carrying out certain tasks that he has never been trained to do, she belittles other staff, she refuses to acknowledge him for work that he's done well, she also refuses to pass on compliments of good work from customers to higher up in the company and generally just makes life extremely difficult for him. He also recently saw her acting suspiciously around the safe one evening recently and when he queried why it wasn't balanced, she looked nervous and he saw her throw in money from her own pocket to make up the balance...

Anyway, he is so miserable there and hates his job so much he is about ready to walk out. He has been looking for another job for weeks already. He also fought very hard to get a letter for K1 to say that they pay him so much salary and so many hours and they have totally gone back on that. Now they just give him minimal hours and obviously not the same salary.

So in preparation for our new life together, it was always planned between us that he would come over to the UK and fly back with me in May when I emmigrate, to help me move and assist me transport my labrador dog over to the US. I am so grateful that he is coming over to help me as I really couldn't do it without him.

At this time, despite working for the company for a year, he is entitled to only 4 paid days off. These are for him to take before his 1 year of service runs out (which is by June 12th). We are then planning to get married during the last week of June, which he has also requested a week of paid time off for - as he will be entitled to 18 paid time off days by then. By the way, he has not taken any time off since he started working for the company last June.

Today he has been told by the manager that she is not prepared to authorise the first set of 4 days off at the end of May, and that he cannot have time off to come to england and must stay in work. She said she will authorise our time off to get married but not the time needed to emmigrate together. She has not given a reason and won't when she is asked repeatedly.

What can my fiance do? His payslip clearly says that he is entitled to this paid time off, but regardless of that, he should be entitled to take it unpaid if necessary in these circumstances. Does anyone have any suggestions? Can he complain to HR? Is this unfair treatment?

Many thanks for your help!

I would go to her boss, explain everything that you just explained here. Get authorization from him/her...go over her head. It will tick her off, but what's she going to do about it? She's been trumped.

Any reasonable human being will understand why he needs the time off. My boss gave me 3 extra days of unpaid time off when I traveled to England in December, because she understood it was to see my husband.

Geesh, some people can be such jerks.

[RUSSandRACHEL 3]

I knew I'd hear some sense from an English-American couple. Thanks guys!!! I knew someone would understand! I think thats what we're going to do if things don't work out soon. This manager is the only one whos behaved in his way so all this 'welcome to america' stuff is all rubbish. Its her, plain and simple. I think people seem to think the US and the UK are completely different planets but it actually not that different, the people are the same. Some bad apples, some understanding folk... its got nothing to do with the country as a whole. And no we're not confused about dates, but thanks for your input. Anymore helpful & constructive advice is welcomed and appreciated!

[SunDrop 59]

I knew I'd hear some sense from an English-American couple. Thanks guys!!! I knew someone would understand! I think thats what we're going to do if things don't work out soon. This manager is the only one whos behaved in his way so all this 'welcome to america' stuff is all rubbish. Its her, plain and simple. I think people seem to think the US and the UK are completely different planets but it actually not that different, the people are the same. Some bad apples, some understanding folk... its got nothing to do with the country as a whole. And no we're not confused about dates, but thanks for your input. Anymore helpful & constructive advice is welcomed and appreciated!

It will come as a real culture shock just how little rights you have as an employee in the US, which is what JQ was trying to explain. Most states are 'right to work' and they don't need to go through 3 step disciplinary procedures to fire you. If your boss decides you're a trouble maker, they can often quite legally tell you not to come back tomorrow.

However, it doesn't sound as though you haven't exhausted your options to ask for the time you believe he's entitled to so as someone suggested go over her head. But know that she doesn't sound like the kind of person who's above setting him up to make him fireable according to company policies. And she does sound like the kind of manager who bears a grudge.

What about the move is unmanageable by yourself?

Edited March 7, 2010 by SunDrop

[Boiler 46,242]

I employ people, no contracts.

They can leave at will, I can fire them at will.

Unemployment benefits could impact my insurance rates, I have had so far one legit claim and two that have been otherwise.

It is VERY different to the uk.