Can you sue your employer for cancellingyour vacation every year due to lack of coverage on their part?

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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 10 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.


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