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InfoPlease

Vacation contract

11 posts in this topic

 When I was re-hired to a position in the company I requested 2 weeks paid vacation time and two weeks un-paid vacation time. The General Manager wrote up the rehire contract with wages and agreed time off and I signed it. Now that person is no longer with the company and the new manager and owner do not wish to honor the unpaid time off. I left a position to come work for this company based on the agreement we made. I believe this is a breach of contract, and I'm looking for a civil way to regain the time off as well as keeping my job.

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10 hours ago, InfoPlease said:

I'm looking for a civil way to regain the time off as well as keeping my job.

 

You've already been stiffed.

 

Options:

 

1 - Sue. You might win the money, but you'll lose your job.

 

2 - Keep your job and get over it.

 

3 - Seek employment elsewhere.

 

 

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11 hours ago, InfoPlease said:

The General Manager wrote up the rehire contract with wages and agreed time off and I signed it.

 

Did he sign it?

 

 

11 hours ago, InfoPlease said:

I believe this is a breach of contract, and I'm looking for a civil way to regain the time off as well as keeping my job.

 

I'm sure you are.

 

Do you have a question?

 

Obviously, we'd have to see this alleged contract and know which state's laws apply, but I think it's more likely than not that the "contract" you mentioned is not an enforceable contract.  Most employment in the U.S. is "at will," which means you can legally quit at any time for any reason, and your employer can legally fire you at any time for any reason that isn't expressly prohibited by law (e.g., discrimination based on race, gender, etc.).  Necessarily, lesser adverse employment action (e.g., taking away time off or reducing pay) is also legal.

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19 minutes ago, pg1067 said:

 

Did he sign it?

 

 

 

I'm sure you are.

 

Do you have a question?

 

Obviously, we'd have to see this alleged contract and know which state's laws apply, but I think it's more likely than not that the "contract" you mentioned is not an enforceable contract.  Most employment in the U.S. is "at will," which means you can legally quit at any time for any reason, and your employer can legally fire you at any time for any reason that isn't expressly prohibited by law (e.g., discrimination based on race, gender, etc.).  Necessarily, lesser adverse employment action (e.g., taking away time off or reducing pay) is also legal.

Yes, the hiring manager did sign the form as well.

ND is the state.

 

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On 12/4/2018 at 10:33 AM, pg1067 said:

 

Did he sign it?

 

 

 

I'm sure you are.

 

Do you have a question?

 

Obviously, we'd have to see this alleged contract and know which state's laws apply, but I think it's more likely than not that the "contract" you mentioned is not an enforceable contract.  Most employment in the U.S. is "at will," which means you can legally quit at any time for any reason, and your employer can legally fire you at any time for any reason that isn't expressly prohibited by law (e.g., discrimination based on race, gender, etc.).  Necessarily, lesser adverse employment action (e.g., taking away time off or reducing pay) is also legal.

It may be a "right to work state" but that doesn't imply they have the right to create a written agreement for employment with hiring benefits, only to remove them when they feel they don't want to honor them anymore. That would be like agreeing to a salary during hiring, then once you quite the other job tell you they now only want to pay you less when they put it in writing.
That doesn't seem ethical, and I would hope that we have laws in place to protect employees from such practices.

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"Right to work"refers to whether the company can be subjected to union rules requiring all employees to belong to a union.

 

"Employment at will" is a more important issue in most employment contracts.  For instance, in your case you may have a contract requiring the company to give you certainvacation bebefits.  However, if the contract does not require the company to employ you for a specified time, that is a specified number of months or years, the company can fire you at any time if they decide not to give you those benefits.  

 

Such contracts, however, can cut both ways.  If the company is required to employ you for a certain term, it will also have to require you to work for them for the same time. If not, the contract does not contain mutually binding terms and may be unenforceable.

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2 minutes ago, RetiredinVA said:

"Right to work"refers to whether the company can be subjected to union rules requiring all employees to belong to a union.

 

"Employment at will" is a more important issue in most employment contracts.  For instance, in your case you may have a contract requiring the company to give you certainvacation bebefits.  However, if the contract does not require the company to employ you for a specified time, that is a specified number of months or years, the company can fire you at any time if they decide not to give you those benefits.  

 

Such contracts, however, can cut both ways.  If the company is required to employ you for a certain term, it will also have to require you to work for them for the same time. If not, the contract does not contain mutually binding terms and may be unenforceable.

Thank you. It just seems like a raw deal after honoring it for almost 4 years only to take it way when it suites them.

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15 hours ago, InfoPlease said:

It may be a "right to work state" but. . . . 

 

The concept of "right to work" has nothing to do with your situation.  "Right to work" simply means that you cannot be forced to join a labor union as a condition of employment.

 

 

15 hours ago, InfoPlease said:

That doesn't seem ethical, and I would hope that we have laws in place to protect employees from such practices.

 

Whether or not it's "ethical" depends on whose subjective ethics you apply.  You'd have to have a North Dakota employment attorney review the document and the facts and advise you.  However, generally, what you described does not violate any laws.

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