Can your employer indiscriminately decide to no longer pay you holiday pay after 5 years offull-time employment?

UPDATED: Sep 14, 2010

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Can your employer indiscriminately decide to no longer pay you holiday pay after 5 years offull-time employment?

Asked on September 14, 2010 under Employment Labor Law, Missouri


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

Answered 12 years ago | Contributor

Most employment relationships are what is known as "at will".  This means that basically an employer can hire or fire someone for any reason or no reason whatsoever, as well has increase/decrease salary/hours, promote/demote, and generally impose requirements and revoke benefits as they see fit; this includes eliminating hoilday pay.  In turn, you can work for an employer, or not, your choice. The exceptions to this would be if there is a union/employment agreement that governs holiday pay, or this situation has arisen due to some type of discrimination.

Note:  Holiday pay that you have already earned must be honored by your employer and paid out to you since that is considered to be a part of your compensation. Only holiday pay going foreword (ie in the future) may be taken.

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 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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