Can you sue your employer for cancellingyour vacation every year due to lack of coverage on their part?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can you sue your employer for cancellingyour vacation every year due to lack of coverage on their part?
Scheduled and approved vacations being canceled. Told to switch or subject to work a lot of overtime.
Asked on May 20, 2011 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You may wish to discuss this with an employment law attorney. Generally speaking, unless there is some contract or agreement protecting your right to schedule vacations in some way, an employer does have considerable latitude to deny employee requests as to when to take a vacation, based on work needs--after all, companies don't need to offer vacations in the first place. That said, however;
1) if a company consistently refuses to allow a vacation, it may be denying the employee part of the compensation he or she is entitled to--paid leave--in exchange for working; this can give rise to a cause of action on the basis you are not being "paid" what you are supposed to be; and/or
2) if the vacation was approved, you incurred costs (e.g. nonrefundable air fare) based on that approval; and then the company canceled the vacation, they might be liable for your out-of-pocket closts.
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.