Legal Question in Employment Law in Illinois

can employer tell you you need to use vacation,or lose in in short amount of time when handbook they both agreed on says can carry over 40 hours into next year. no new policy was signed! can I have that added to my paycheck ithout taking the time off..I live in Illinois also they are telling us if we drive company vehicle to job and it takes longer then 8 hours to get there we only get paid for 8 hours.im in their co. vehicle on the clock so how can they say they dont have to pay me...


Asked on 2/16/12, 9:27 am

1 Answer from Attorneys

Without seeing the handbook it is hard if not impossible to tell whether you are being treated properly, or even fairly. A lot of employers today are cutting back on benefits; frankly I know many who have adopted a "use it or lose it" policy on vacation and other personal time, and have limited or capped other benefits like travel. I'm not saying that what they are doing is right, but Illinois is what's called an "at will" state, meaning that even handbooks can be changed on a moment's notice and short of not applying an existing work rule or guideline properly, people can be terminated, or the people themselves can quit, for any reason or no reason. If you have "vested" rights the handbook can still change these ways as long as you get to "use" the benefits and not simply "lose them".

If you are in a union, the collective bargaining agreement may control things too.

But if there is enough "wiggle room" in the handbook or the agreement, if any, then the next question is what happens if you "make waves"?

So first I'd have an attorney review the handbook and the situation, and talk to you about what your goal is here - just making sure you get to use your benefits and not simply lose them if they are "vested" or trying to prevent the employer from making the rule changes.....

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Answered on 2/16/12, 12:49 pm


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