Legal Question in Employment Law in California

Vacation time off

My 23 year old son works part-time at a restaurant. In February, he asked his scheduler for June 20-30th off, so he could attend a family reunion cruise. He got a verbal ''yes'' from her. However, last week, his supervisor (different person) said that he didn't realize that June 21st was Father's Day and so, he couldn't get the time off. This trip was paid for and is non-refundable. He was told that if he took the time off, he risked being fired. Given the circumstances, would he have any legal recourse, should he be fired? He has shown the restaurant manager the itinerary for the trip to prove that his request is legitimate. Thank you,


Asked on 6/15/09, 4:31 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Vacation time off

Recourse? No. He is an 'at will' employee that can be fired any time for any reason. Making it worse, he is not even a full time employee. He can ask for mgmt intervention and better treatment, but it is not assured.

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Answered on 6/16/09, 2:43 pm
Terry A. Nelson Nelson & Lawless

Re: Vacation time off

Recourse? No. He is an 'at will' employee that can be fired any time for any reason. Making it worse, he is not even a full time employee. He can ask for mgmt intervention and better treatment, but it is not assured. He needs to keep the company happy with him in order to keep his job.

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Answered on 6/16/09, 2:44 pm


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