Legal Question in Employment Law in Maryland

Hi -

My company hired a HR Company to work on their employee manual. On 11/12/2010 we had a HR meeting to roll out the new manual. They stated on the manual that the old "vacation leave" and "sick leave" was now considered "paid time off". "Paid time off" would can be rolled over to the next year for up to 3 months.

About half the company thought that since the manual was in effect on 11/12/2010, that our "vacation leave" and "sick leave" was "paid time off" and would both roll over. However, our "sick leave" actually never rolled over to 2011. Most of the manual was in effect on 11/12/2010, like write ups for being late and calling out of work. Is it unethical for them to pick and choose the effective date of some parts of an employee manual and not notify the employees in writing? I am not looking to sue my company, I just want to know my rights as an employee.


Asked on 1/30/11, 8:44 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

There's a difference between a company's actions being unethical (which is a moral position) and illegal (which is in violation of the law). It will be hard to say whether it is illegal without reading the employee handbook to see what kind of wiggle room the company left itself. In other words, is there language in the handbook that says the company is free to enforce some rules more strictly (or at all) than others? If you aren't going to pursue it further legally, let it go and put your mind to rest. You have the freedom of knowing this -- you can always quit!

Best of luck.********The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 1/31/11, 3:13 am


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