What ar my rights if the amount of vacation I receive at work is less than what I was told before I was hired?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What ar my rights if the amount of vacation I receive at work is less than what I was told before I was hired?
During the interview process for my current job I was told through my recruiter that I would receive 4 weeks paid vacation per year. It was a major factor in choosing this job over a higher paying job. When I started my employment here I reviewed my benefits paperwork and I saw that I only would accrue 2 weeks paid vacation per year. I brought it up to my manager and my recruiter who both said they would look in to it. I’ve heard nothing. Recently another new employee was hired and they were told they would have 3 weeks vacation and they likewise received only 2. Is there anything I can do?
Asked on August 16, 2012 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You may have a cause of action--or be able to sue--since you did something to your detriment (gave up a higher paying job) on account of the representation (or promise) of more vacation. A critical factor, however, will be whether the employer knew that you had a different offer or job option, and specifically told you that you'd get 4 weeks vacation to induce you to take this job over the other one; if they did not have such knowledge, or offer you the vacation specifically to get you to take their job, then you would have no recourse, since employers may, as a general matter, change employee compensation and benefits more-or-less at will.
Also, you'd need to decide whether suing your current employer is something you wish to do.
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 AttorneyPages.com 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.