If promissary note has wrong dates is it invalid? Can a company use your vacation without letting you know?
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If promissary note has wrong dates is it invalid? Can a company use your vacation without letting you know?
Husband works for a airline as an apprentice and they made a promissory note stating that his training is from Sept 11 16 – sept 24 -2016 in Ap school and they will pay up to $5,000 for the schooling. As long as he works 2 years for them after schooling. Husband doesn’t enter the school until November 6 2016 – November 20 2016 was a new promissory note supposed to be made with correct dates for time in schooling and the 2 year starting date. In the promissory note it did not state anything about him having to use his vacation while in school getting his license, but the DOM director of maintenance used my husband’s vacation and didn’t let him know.
Asked on November 16, 2016 under Employment Labor Law, Hawaii
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, the error you indicate does not invalidate the note. The law does not invalidate contracts or promissory notes because of harmless errors. The promissory note was for training: if he is receiving or going to receive the training, a difference or error in the date listed for the training is irrelevant or harmless and does not affect the validity or enforceability of the note.
If an employee is out from work for *his* benefit or at his decision--i.e. he wasn't required or ordered to get the training but is voluntarily taking it--that's not work time, and so his vacation days may be used for any absence, even if the company is supporting him in doing this.
If he was required or ordered to get the training, then the training is considered work time, and not only should his vacation not have been used for it, but he should be paid his normal wagesor salary for the days spent training.
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