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Cblock
03-08-2007, 11:07 AM
hey everyone,
first time poster,

i have a quick question regarding my vacation,
I have been approved to take 2 vacation days at the end of this month, Recently i have been told by my superior that i cant take the 2 days any longer. Is it legal for an approved vacation to be denied 2 weeks before the date of vacation?

Thanks for your help

ScottB
03-08-2007, 11:10 AM
Sure it is legal, which would stink if you had a non-refundable payment you made on the basis of having an approved vacation.

Cblock
03-08-2007, 11:12 AM
i have no other options?

ScottB
03-08-2007, 11:16 AM
Sure. Talk to your boss and, if you don't get your way, tell him that you want to take the issue up the chain. On the other hand, you may learn from your boss about precisely why the company needs you to work during the time you wanted to be on vacation and that may convince you to change your plans.

cbg
03-08-2007, 11:22 AM
Here's the deal.

No law in any state requires an employer to provide vacation in the first place. They get to make the rules about when and under what circumstances you can take it. No law in any state says that once vacation has been approved, the employer is prohibited from withdrawing permission. No law in any state says an employer is required to allow the employee to take vacation when they want it. Legally, they could call you the morning the vacation was to start and tell you, you had to come in. And you'd have to come in.

This is something you're going to have to work out with your boss.

Cblock
03-08-2007, 11:29 AM
Sure. Talk to your boss and, if you don't get your way, tell him that you want to take the issue up the chain. On the other hand, you may learn from your boss about precisely why the company needs you to work during the time you wanted to be on vacation and that may convince you to change your plans.


the thing is the reason that they want to take back my approval is because im in a sales position and i havent reached my yearly goals as of yet. Its being done as a punishment of the sorts. I cant even begin to fathom that i would reach my yearlu goal in 2 days of being off.

If i am a "contract" empployee and no were in my contract are regulations stipulations etc etc as to when i can take my 10 yearly paid vactaion days, does that give me any leg to stand on?

cbg
03-08-2007, 11:41 AM
Does the contract specifically state that you can take your vacation whenever you want to?

Cblock
03-08-2007, 11:44 AM
Does the contract specifically state that you can take your vacation whenever you want to?

no, but it doesnt have any blackout dates or dates that i could NOT take the time either.

Cblock
03-08-2007, 11:50 AM
no, but it doesnt have any blackout dates or dates that i could NOT take the time either.

it actually states:

"Each Calander year employee will be entitled to a minimum of two weeks paid vacation, five paid sick days, and two personal days.,All time requestedfor vacation must be approved prior to vacation time being take by the employee's immedaite superviro or the companies human resources dept."

cbg
03-08-2007, 11:55 AM
Since it does not specify that you can take it at will and since it does specify that it must be approved, the previous answers stand.

Cblock
03-08-2007, 12:00 PM
Since it does not specify that you can take it at will and since it does specify that it must be approved, the previous answers stand.

even though it specifies it must be approved and it was......huh....welll that sucks!


anyone hiring? cause if they tell me i cant take it I'm moving on!

CompensationCounsel
03-08-2007, 12:48 PM
Have they offered to reimburse you for your out-of-pocket expenses? Many employers do this.

If not, then you might have a claim for your expenses under the theory that they approved your vacation days and you incurred reasonable expenses in reliance on that promise.

cbg
03-08-2007, 01:00 PM
It was approved and now it's unapproved.

Cblock
03-08-2007, 01:08 PM
It was approved and now it's unapproved.


thats correct, I was just wondering if i had a leg to stand on, i guess i dont.

thanks for all your help.

~Chris

joec
03-08-2007, 04:50 PM
Have they offered to reimburse you for your out-of-pocket expenses? Many employers do this.

If not, then you might have a claim for your expenses under the theory that they approved your vacation days and you incurred reasonable expenses in reliance on that promise.

Promissory Estoppel ?
JoeC

CompensationCounsel
03-12-2007, 05:37 PM
Yes, promissory estoppel is one theory.

As to the fact that it's unapproved, my thinking was that the "unapproval" came with only 2 weeks left before the vacation. If the poster had already incurred charges in connection with that vacation, then maybe he could get some of them reimbursed. It was a minor point, but I thought it worth mentioning as some vacations require long-term advanced planning and considerable non-refundable expense.

joec
03-12-2007, 05:58 PM
Could he make the claim in small claims court for the reimbursement,or would he have to go through counsel ?
JoeC

CompensationCounsel
03-12-2007, 06:03 PM
He doesn't need counsel. He should be able to do it pro se. As for whether it would be in Small Claims, District Court or Superior Court, that would depend upon the size of the claim.

joec
03-12-2007, 06:13 PM
I LIKE IT !:D
JoeC

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