Can I forfeit my holiday pay if I call in 3 days before the holiday but work the day before?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I forfeit my holiday pay if I call in 3 days before the holiday but work the day before?
I work at White Castle. I worked a
holiday recently on the day of Thunder
Over Louisville. Also worked the day
before the holiday. And was scheduled
off work the day after the holiday. I
was informed that it was double pay for
the holiday. I only got paid my normal
wage and was told I ‘forfeited’ my
holiday pay by calling off work earlier
in the week. If that is how their policy
works, I was never informed of it. Is
there anything to do about this?
Asked on April 21, 2019 under Employment Labor Law, Kentucky
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The fact is that an employer is not legally mandated to give holiday pay. Accordingly, it has a great deal of discretion over if and when it is provided. The fact is that absent some form of legally actionable discrimination or an employment/union agreement to the contrary, a business can set the conditions of employment much as it sees fit.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Unfortunately, there is most likely nothing you can do about this, because there is no legal right to or guaranty of holiday pay: it is 100% voluntary or discretionary for employers to provide it. That lets them set their own rules or policies for whether and when to pay it, and can therefore deny it to employees even if the employees were not personally aware of the policy.
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.