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Can an employer change policy to strip employees of vacation time to be accrued.

Rose Hill, MS |

Been working for the company for 9 years. I have reached the max 6.62 vacation hours per 2 week pay period per old policy. Also the policy /handbook states I receive 7 payed holidays and 2 personal days. New policy /handbook states the max vacation after 9 years is 4.92 per 2 week pay period 7payed holidays and no personal days. It's like they're just taking away all seniority and this was a major reason I left my prior job to enjoy these amenities.

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Attorney answers 1


If you're not protected by membership in a labor union or by a written employment contract, then you're employment is "at will." That means your employer's free to fire you, demote you, reduce your salary and/or benefits, etc., at any time without notice for any or no reason, as long as they don't illegally discriminate or punish you for using your rights (such as whistle-blowing or union organizing). It also means you're free to quit on the same basis.

So can they change their benefits policy? Yes. Are you free to look for another job today? Yes. Can you force them to reinstate their old policy? No.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.

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