Legal Question in Employment Law in California

Hello,

Ihave worked for my current employer for ten years.When I was hired, I was told I would get a weeks vacation after one year, another week after two years nd after 3 years, two weeks. They pay half of the cheapest insurance they could find.Also we would get 7 holidays paid. After 5 years, San Francisco required employers to pay for sicktime. This caused my employer to change to a PTO system and assured us that we weren't having anything taken away. When I added up the hours we would acrue for the year, It totaled exactly the same as it did before the addition of the sicktime. There are 9 days they close for holidays and if we don't want a short check all but one of our vacation days get used there.

My question is, isn't there a implied contract. They obviously are taking something away to appear to satisfy the cities sick day requirements. I know the don't have to give vac. and holidays but they always have and they said they were not taking anyhting away which isn't true.

Thanks


Asked on 12/09/12, 1:37 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

I assume you are an at-will employee. That is the most common status of employees in California.

Employer can change the terms of an employment contract with at-will employees at any time. The terms of the original contract are in no way fixed, and can be changed at any time by the employer, so long as those new terms otherwise comply with the law.

This means that the employer can lawfully take away rights to future vacation time, if the law does not require vacation time to be paid. So long as the PTO system complies with the San Francisco ordinance, and current compensation does not violate wage and hour laws or other applicable law, there would be no claim against the employer.

It is not clear to me from your description, however, that the PTO system you describe in fact complies with the ordinance. You may wish to review the specifics of the policy with an attorney familiar with the SF ordinance and see if this policy is in fact in compliance.

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Answered on 12/09/12, 1:56 am


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