When forced in off vacation – how is determined who will be forced?

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When forced in off vacation – how is determined who will be forced?

Is it by seniority (less senior is first to be forced) or is it by overtime hours worked (less OT worked – first to be forced)

Asked on June 19, 2009 under Employment Labor Law, Alabama

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unless there's a contract or something else like an employee handbook (and it's very rare these days for a handbook to be written in a way that allows it to be used as a contract), it's mostly up to the employer.  I've never heard of a hard-and-fast rule either way.

Remember that unless you do have a contract, you are an employee at will.  This means you can be fired for literally no reason, as long as the real reason isn't illegal discrimination or retaliation for something like filing a workers compensation claim.  So, the courts are not likely to get involved in something like this that is much less than a firing.


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