Legal Question in Employment Law in California
I have given my boss a month and a half notice that I will be taking my vacation to go to the Philippine on August 14 and My request of vacation is from August 14 to September 5th. He declined my request. He asked me if someone is dying or sick? I asked him do someone need to die before I go home. My dad is at the Philippine and I haven't seen him for 6 years.
I have been working at the company for 8 years. The manual says Employees who have been working for more than 5 years is allowed 3 weeks vacation.
He threatened to fire me if I go on my vacation.
What can I do?
2 Answers from Attorneys
Comntact an employment law attorney near your home.
You are entitled to rely on the Company Manual and your boss is way off base.
If he does fire you, you likely would have a wrongful termination suit against him and the company.
If you have accrued that much vacation, and the company policies allow you discretion as to when you take it, then you can insist on doing so. BUT, that doesn't mean they can't refuse and fire you. You might have grounds for a case if they do, depending upon the facts at the time. If so, feel free to contact me for the legal help you'll need. I've been doing these employment cases for many years.
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