What to do if I just found out that I have not been getting my full annual vacation?

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What to do if I just found out that I have not been getting my full annual vacation?

I negotiated 3 weeks year 1 and 4 weeks every year after. I am embarrassed to say that it has been 9 years and I just discovered that I have been getting just the 3 weeks every year. I just did not think I had to scrutinize this. Do I have any recourse?

Asked on December 7, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It's not clear you would have recourse unless you have a written employment agreement which set out the amount of vacation to which you were entitled. In the absence of a written employment contract, employment is employment at will: one of the consequences of that is that an employer may change, including reduce, employee compensation, including vacation, at will. So without a contract, your employer could simply have reduced your vacation.

If you do have  a written employment contract, however, you could enforce its terms, including in court, if necessary.


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