unfair treatment at work

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unfair treatment at work

Told would get a pay raise a year
ago…none given.

Earned a week vacation..
Not allowed to take it as no one
available to drive shuttle…and may
lose vacation at end of July if not
allowed to use it.

Forced to carry overweight luggage now
arms sholders are in severe pain when
carry anything light..Ask for vacation
to rest arms… denied earned vacation.
What can I do.. this is a franchise
owned well known hotel chain?

Asked on July 12, 2017 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Unless the promise to give you a raise was contained in an actual written employment contract, it is not enforceable; an employer may freely renege on non-contractual promises.
2) Employers do have substantial discretion to deny vacation if staffing, workflow, etc. means they can't be without your services at some important time. They can't forever or indefinitely deny you vacation, since if they never let you use vacation, they are taking away part of your compensation for which you worked--that would be breach of contract (of the agrement, even if only an unwritten or oral one, pursuant to which you did the work) and you could sue over it for the monetary value of the vacation. But if it is simply that the time you wanted did not work, because--for example--there was no one available to cover for you then, as long as you could reasonably take the vacation some time else, it is legal for them to deny your request. You can be required to schedule your vacation as to work within your employer's needs.
3) If you have suffered an actual injury on the job, you should be eligible for Worker's Compensation and should apply for it.
 


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