Can I sue my employer for promising time off but then not giving it to me?

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Can I sue my employer for promising time off but then not giving it to me?

I’m a delivery driver at a small chain restaurant. I’m trying to take 4 days off in August it’s March and i’m already having difficulty receiving this time off. Last year under different management multiple drivers took off at the same time so I know this will not affect the store and has been allowed under different management. It seems to me that these new managers are making up their own rules being that on my company’s website it says

Asked on March 25, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Actually, you probably can't take any legal action. The fact is that PTO (vacation time and sick days) are generally not required to be given under the law. Therefore, a company can choose to provide them or not. To the exent that it does provide them, then it has a great deal of say over when they can be used so long as such action does not violate the terms of an employment contract or union agreement. Bottom line, since most employment is "at will", a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). Note, that having been said, you have to be allowed to use your earned PTO at some point; such time cannot be refused indefinitely. To do so, would amount to a denial of a part of your wages, as PTO is considered to be compensation.


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