Legal Question in Employment Law in California

My controller and GM said that as a manager I received three weeks of vacation. A new controller and new GM said that was wrong and took away all my vacation time that I had accrued from the day I was hired leaving me no vacation. Is this legal?


Asked on 11/03/11, 10:16 pm

1 Answer from Attorneys

Probably not, but it would depend on whether what the controller and GM said was binding on the company, or if the controller and GM were simply mistaken about what you were entitled to. If, for example, you were given a written employment offer that said one week, and a company policy manual that says one week, and then the controller and GM say, three weeks, you would not likely be entitled to three weeks. But if the controller and GM tell you three weeks in your employment offer, and your payroll records show you accruing three weeks, the new management cannot retroactively change that, because vacation is owed when earned, sort of like deferred pay. So it can't be taken back unless it was a genuine and non-binding mistake that you were told three weeks. Going forward, however, they can do whatever they want. It is only looking back that they cannot take it away.

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Answered on 11/03/11, 10:33 pm


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