Would I have a lawsuit if I took vacation that was approved months in advance and then denied 2 weeks before I left

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Would I have a lawsuit if I took vacation that was approved months in advance and then denied 2 weeks before I left

I’m just figuring out what I can do

Asked on October 25, 2018 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Do you mean denied the right to take or use your vacation while you were still working there and without giving notice? In that case, you could sue for any costs you incurred but could not otherwise recover, such as nonfundable airfare, hotel  stays, etc. Unfortunately, that's all you can recover or get back: there is no recovery for the disappointment of missing a vacation or other emotional "losses."
If you mean that you scheduled your vacation then gave your notice, intending to take the vacation after you provided notice that you would leave/quit, then you are not entitled to compensation. A notice period is a courtesy, not the law: the employer may treat your statement that you are leaving employment as effective immediately or at any time thereafter, and is NOT required to pay you for not working (paid vacation) when you have already stated that you will stop working there.


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