Does an employer have to follow through with what they say they will do for you in an interview???

UPDATED: Sep 30, 2022

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Does an employer have to follow through with what they say they will do for you in an interview???

I recently started a new job. In my interview, I asked if I started with
vacation. I was told yes, three weeks. I took 1 week of vacation and the HR
person and Village administrator told me I don’t have 3 weeks until I have 6
months of employment with the village. So their solution to their lie is to give
me 2 weeks vacation next year to make up for the 1 week I took this year.
Basically I get 3 weeks vacation in 2 years instead of 6 weeks in 2 years as
promised in the interview. Do I have any legal standing in this matter, or am I
pretty much stuck with what they tell me?

Asked on September 15, 2016 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless you had a written employment agreement which guaranteed you the 3 weeks per year of vacation, you most likely do not have any recourse. When there is no written employment contract, employment is employment at will; among other things, that means they can change, revise, reduce, etc. your benefits (or pay) at any time, for any reason, and therefore, being told you have a certain amount of vacation is unenforceable.

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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