Retroactive change in vacation?
When my husband was hired by his current employer he negotiated starting at 3 weeks vacation (what he had at his previous employer) company policy a the time was an additional day for each year of service. He has now been there 3 years so he should have 3 weeks and 3 days vacation. However, HR has rewritten their policy to state that anyone who negotiated for more than the company standard vacation will not accrue vacation until they have "earned" it by company standards. Thus, my husband is now being told he only has 3 weeks vacation (and will be held at that until he has worked 5 years). Is this legal in NYS?
1 answer | asked May 22, 2008 12:19 PM [EST] | applies to New York
Answers (1)
New York's Employment at Will Doctrine would likely provide the answer to a situation like this. However, this answer assumes that there is no written employment contract with a definite term. It also assumes that you don't have what is known is a "justifiable reliance" claim stemming from the circumstance of your being hired. Again, answers supplied here are intended to be general answers to general situations. If you want an answer specific to your situation, you need to set up an consultation with a knowledgeable attorney.
One iteration of the Employment at Will Doctrine is that an employer can change any or all terms of employment at any time, for any reason. So, you can be hired believing that you will accrue vacation at X rate, but, unless you can show that you took the job specifically because of the prior vacation accrual policy (very unlikely), the employer can change the formula right after you are hired. Your option, your right, in this situation, is to quit.
posted by David M. Lira | May 23, 2008 11:32 AM [EST]
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