Legal Question in Administrative Law in California

I am a teacher's assistant in a school district. In my interview with the administrators I asked about holiday pay, and they said I had 11 vacation days to use over the holidays.

I have come to learn that this is true only after six years of service with the district.

This info is stated in the employee handbook that is given out to new employees, but I not read that section on holiday pay, because my question had already been answered (incorrectly) by the district administrators and HR people.

My question: Does the verbal information given out to me my the school administrators binding in any way? Or does the written information override the verbal information, even though it's incorrect?


Asked on 1/08/10, 4:16 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Whatever the answer, the real question becomes what were your damages. Would you have not taken the job if correctly told how many days of vaction you get? With the job market being so tight now, it would be difficult to convince anyone that this was a significant factor in your decision [if you can show you had a job offer from another school which gives more vacation days you would win]. To succeed on a negligent misrepresentation claim, you must show you relied upon something to your detriment and the other party should have realized you would.

You must also show that it was reasonable for you to rely upon the oral statements. I do not understand whether you are saying you thought you had 11 total days of vacation or would have 11 days off around Christmas? The larger the number of days off the more the incentive to select that job, but also the more to think they are being excessively generous.

Since it is a school district, the people yo spoke to probably do not have the legal right to bind the district to anything not contained in the standard employment contract. So you would not be able to get the vacation time, only its economic value. As a new hire in a low level job with a large number of people wanting that job, how long do you think you would remain hired if you pushed hard on the vacation matter? In a non-aggressive manner you can mention it to those above you and show how good an employee you are by not making a fuss about it.

So I would say that the verbal ilnformation does not overcome the written documents which are in fact your written contract. There is a general standard of law called the parol evidence rule that if you have a written document that is clear on its face as to its meaning, you can not introduce evidence of oral statements to the contrary to vary the terms of the agreement.

[not proof read]

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Answered on 1/14/10, 7:15 am


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