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    Hi,

    Let me ask if this scenario is legal. We all understand the importance of reducing companies liabilities by asking employees to take forced vacation. But here is the deal. My company (350 people in San Jose acquired recently) has mandatory shutdown and forced vacation of 18 days for all employees except those who have worked in the SJ company for over 7 years and have maxed their vacation time of 320 hours will require to take 28 days. Operations group is forced to take 41 days. Now those select few (I am one of them) who have worked for the same company and have accrued leave over time are being selectively penalized. Is that fair? Is there any way to counter this situation?

    thanks,

  • #2
    CantoSan - Would you please start your own new thread. Your added your question to another poster's thread. Thanks.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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    • #3
      It's in its own thread now.

      Yes, this is legal. No, there is no action you can take to force the employer to change their minds.

      It may or may not be fair, but the law does not care about fair. The law only cares about legal, and this is. What department you work for or how long you have worked for the company are not characteristics protected by law.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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