Can an employer pull you from approved vacation to come in work?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer pull you from approved vacation to come in work?

My 63 year old father works for a freight company. He has asthma and had a bad case of pneumonia this year which kept him out of work for 1 week. Today, he started his 7 day approved vacation months after his illness. His boss called him at 12 pm to tell him that he no longer had this vacation week and that he had to come to work. My dad and mom already paid for a non-refundable cruise and flight. They were a day away from leaving and my dad was threatened with termination if he did not return to work. How can we can fight this? Is this legal?

Asked on August 12, 2019 under Employment Labor Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It is legal--employers control schedules, and can rearrange them at need, even if it inconveniences employees. They are allowed to manage their businesses, staffing and workflows.
However:
1) They obviously can't charge him for the vacation days.
2) They have to pay him any nonrefundable costs he incurred as a result of relying on their approval or permisson: under the theory of "promissory estoppel," since they made the promise knowing he would likely act or rely on it, incurring costs (e.g. promised him vacation, knowing that as a practical matter means he'd book hotel, flights, etc.), and it was reasonable for him to rely on it (as it was), they are held liable for the costs incurred in response to their promise. If they will not repay him, he could sue for the money.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption