Can benefits be taken away?

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Can benefits be taken away?

I was demoted but there is no documentation in my personnel file and no one will give me an explanation of why. As a result of the demotion a week of paid vacation was taken from me. Is this legal?

Asked on June 24, 2009 under Employment Labor Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unless you have a contract of employment, or there is an employee handbook that deals with this in a way that it can be contractually binding on the company (which is very rare), you are an employee at will, which means that your employer does not need to have a reason to fire you, or to take action against you that is less than termination, such as what you've described.

The only exceptions are for illegal reasons for employment decisions, such as racial discrimination and retaliation for filing a workers compensation claim, as two examples.  You haven't put anything in your question that suggests anything like that.  If there are other facts that you think might fit into one of the exceptions, you should have an attorney in your area review the entire situation, for advice you can rely on.  One place to find a lawyer is our website, http://attorneypages.com


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.

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