Legal Question in Employment Law in Arizona
Is it legal to take away paid vacation and sick days from 2 employees while all other employees keep these benefits? Two direct sales reps were put on 100% commission and told they no longer got vacation and paid sick days. But they are still eligible for 6 paid holiday days per year, health insurance, life insurance, and 401K. The other employees, approximately 70, did not have vacation and sick days taken away.
1 Answer from Attorneys
Thank you for the inquiry. Unless an employee has with the employer a written contract addressing these issues, an employer is always free to change its vacation and sick day policies. The employer cannot, however, take away a benefit an employee already earned. That is, if the employee earned time off under the old plan, the employer can not subsequently take from them this time.
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