Can an employer take away personal/vacation time I earned?

I was a full time employee last year earned 9 days personal time and 2 weeks vacation time. I went part time January 7 2013. In april of 2013 they decided that part time would no longer receive personal time or vacation and took away what i had earned from the year before.

Mount Vernon, OH -

Attorney Answers (2)

Lori Ann Strobl

Lori Ann Strobl

Employment / Labor Attorney - Dayton, OH
Answered

Unfortunately, under the law, employers have a great deal of discretion when it comes to how they handle vacation time. In fact, there is no law requiring that vacation time even be granted to employees. That being said, you may have some legal recourse. Is there a written company policy that dictates the vacation policy? If so, you may have a claim for breach of implied contract, as the policy creates an “implied contract” that you can point to as establishing certain standards.

I would recommend that you speak with an attorney who is familiar with contract law, and who can go over the specific facts of your case and determine what, if any, legal recourse you may have.

Lori A. Strobl
Strobl & Associates, Co. LPA
1015 E. Centerville Station Rd.
Centerville, Ohio 45459
www.strobllaw.com
(937) 496-1450

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James M. Osak

James M. Osak

Employment / Labor Attorney - Madison Heights, MI
Answered

Depends if it's in your employment contract.
What does your "Employer-Employee Handbook" say?
Do others get vacation time?
You may have a lawsuit on "reliance" or "expectation"
as other attorney noted.
You can always REPORT boss to OHIO Department of Labor.
Good luck!

THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more

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