If my job handbook says that I get Labor Day off as a paid holiday, can they make me work on that day?

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If my job handbook says that I get Labor Day off as a paid holiday, can they make me work on that day?

Asked on September 1, 2010 under Employment Labor Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You raise a very interesting issue.  Handbooks can, in some instances, be viewed as an employment contract as between the employer and the employee.  But Florida courts have not been too keen on making that so and really under very limited circumstances.  An employment attorney in your area would best know.  How you play this card depends on your situation. If you do not think that it will cause you any kind of problems later on I would hold them to it.  Employment in most states is "at will" meaning that employers and employees can terminate the employment at any time and for any reason.  But if you have vacation plans or something like that already made and you relied on the handbook then I think you would have a good case against them if something happened.  Good luck.


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