What ar my rights if the amount of vacation I receive at work is less than what I was told before I was hired?

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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 8 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.

 


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