In California does an employer have to notify you of cancellation of scheduled vacation in any time frame.
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
In California does an employer have to notify you of cancellation of scheduled vacation in any time frame.
I submitted my documentation to my manager a month prior to the vacation time as stated by the employers rules. I checked & at that time their where no other vacations scheduled & they had enough employees to cover all shifts. Since then we have been understaffed. They now want to deny my vacation because they had to deny another employee’s. This is 2 weeks before my vacation & I have already payed for plain tickets and hotel rooms which I can not get the money back from. Do i have any rights in this case & am i entitled to compensation for the lost money?
Asked on July 6, 2009 under Employment Labor Law, California
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If those rules about vacation are in writing, in a handbook or something like that, I think you need to take that to a lawyer. There is a very small chance that the handbook can be used as a contract against the employer.
Otherwise, you are an employee "at will," without a written contract. You can be fired for no reason at all, as long as something illegal like race or age discrimination, or retaliation for use of a legal right like filing a workers compensation claim, isn't involved. You have no right, in that situation, to take your planned vacation, and you aren't going to get compensation for the lost money.
"At will" also means you're free to find yourself another job, and tell your company goodbye when you do, no matter what their staffing situation looks like at the time.
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.