Can an employer take your vacation accrual from a higher set of hours to a lower amount even after telling you the position was a lateral move?

I was a director of a call center for Freedom Mortgage and applied for the Manager position for The Correspondence and Research Department. I was advised it was a lateral move everything would remain the same. Most recently I checked my vacation accrual and noticed I only gained 10 hours of PTO when prior I was earning 14 hours a month. Is that allowed if they are telling me it was a lateral move. Most recently I went to look at the offer letter and it only makes mention of compensation remaining the same. I would have no knowledge that they would be adjusting anything else. Is that allowed if they are telling me it was a lateral move?

Asked on November 4, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

They can reduce your benefits or compensation, including vacation accrual, but only after notice to you--that is, only after you are told this will happen. Before you are made aware  of the difference--as you are now aware--they had to let you accrue at the same rate. Since lateral move implies no changes, they should have accrued the other 4 hours to you (but since you now know that you will get less, you will accrue less going forward).
In theory you could sue the employer for the 4 hours if they won't give them to you; in practice, it is not worth doing so.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.