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Denial of Vacation Time Request

On Lawyer & Legal » Employment & Labor Law

2,955 words with 11 Comments; publish: Fri, 03 Feb 2006 09:08:00 GMT; (80078.13, « »)

My company gives 10 days Vacation time after 2 years of employement. I requested to take the 10 days all at once and my request was denied. Our company policy only states that employees with senority get to choose their vacation days first and also it states that an employee must attempt to give at least 24 hours notice prior to taking any unscheduled vacation time. Well i am the 3rd in line of senority. ok. My companies employment policy was written in 1998, we have not recieved a new policy. Since my company policy doesn't address the number of days that can be taken at once. Can I legally take my vacation and have a case if I am terminated?

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    • Talk to a local attorney, but don't hold your breath. "Implied" contracts are not always easy to prove.
      #1; Fri, 03 Feb 2006 12:53:00 GMT
    • I'm not saying it would be hard to prove you didn't make the amount discussed. I'm saying it would be hard to prove you had a contract guaranteeing you would make that amount.
      #2; Fri, 03 Feb 2006 13:07:00 GMT
    • Of course not. Your employer has no legal obligation to allow you to take vacation time whenever you want, regardless of your seniority. Just because your policy doesn't specify how many days can be taken at once, doesn't mean you get to take as many days as you want whenever you want. If you take vacation time without it being approved, your employer will absolutely be within their legal rights to fire you. You would have no legal recourse and I wouldn't place odds on your getting unemployment, either.
      #3; Fri, 03 Feb 2006 09:53:00 GMT
    • American Workers really arent appreciated or given many rights. You know I never knew that we didn't have hardly any rights until i started reading. It truly is sad that there aren't more laws on the books granting lunch hours and breaks, and granting vacation time. Of course it would have to be fair to the employers as well, some small bussiness can't afford to let employees off. However we as americans deserve more protection. I have another question, I gave my two weeks, 2 years ago and I was talked into staying by being told that in a couple of years I would make a certain amount. Well I do not make that amount. I took the meeting as an Implied Contract, can I sue my employer for breaking their contractual obligations?
      #4; Fri, 03 Feb 2006 10:52:00 GMT
    • What was the consideration?
      #5; Fri, 03 Feb 2006 12:31:00 GMT
    • Okay, next question. Have all the elements of a contract been met?

      Was there an offer, acceptance, AND consideration?

      #6; Fri, 03 Feb 2006 12:25:00 GMT
    • The consideration that was recieved was a promotion, as well as a raise.
      #7; Fri, 03 Feb 2006 12:46:00 GMT
    • I have my former office manager that quit. She was in the meeting as well and she would testify.
      #8; Fri, 03 Feb 2006 12:09:00 GMT
    • What proof do you have that they ever made such a statement?
      #9; Fri, 03 Feb 2006 11:40:00 GMT
    • During the meeting there was an offer there was consideration, and yes then there was acceptance.
      #10; Fri, 03 Feb 2006 12:28:00 GMT
    • So even with pay stubs that show increased wages, as well as the office manager's testimony? Also there is a 100 percent turnover rate here. The Texas Workforce Comm could see that. I have been here 8 years, most only last a few months. Would it be hard to prove, with all of this information?>
      #11; Fri, 03 Feb 2006 12:56:00 GMT