Skip to main content
Richard Errol Johnson

Richard Johnson’s Answers

1 total

  • Do I have a reason to seek a lawyer/involve the labor board over revoked vacation pay?

    I have worked for this company in Florida for 11 years. On April 10, 2012, I had major surgery, however this was planned, it wasn't sudden. I had all of my vacation and sick time planned out, my vaccation pay rolled over on April 23, and i had 9...

    Richard’s Answer

    The answer depends on factual issues. If the vacation pay is earned as part of a compensation package, it is yours, even if it is on a "use-it-or-lose-it" basis, so long as you cash it in or use it in accordance with the policies that existed at the time you earned it. If it is gratuitous -- merely a gift from the employer -- you have no right to enforce use or payment of it.

    Second, assuming the company really did miscalculate and you are really in the hole instead of 38 hours ahead as you thought, the outcome may depend on how reasonable your reliance was on the incorrect total the comapny gave you. If it was an obvious mistake that you should have seen, that's one thing. If you took their incorrect number in good faith, planned your life around it, spent money you would not have spent, took time off you would not have taken, and otherwise deterimentally relied on the incorrect statement, you have a contract claim to the amount you counted on or maybe a promissory estoppel claim.

    Thirty-eight hours is not much to sue over, especially when the suit will start a chain of events that ends up in losing your job, which is a pretty sure thing. So if you can't negotiate out in a friendly way with human resources, I'd let it go. But if you do sue, section 448.08, Florida Statutes, will get you attorney's fees.

    See question