Legal Question in Employment Law in California

I have worked for a company for 4 years now as a full time hourly employee. 2 years ago I was told that I would get 1 week paid vacation and I took those days that year. Last year I did not take any vacation days and when I inquired about how many I had I was told I didn't have any vacation days and do I have something in writing. I did take Dec. 31st off . Now I am being told that I am getting the 5 days paid vacation for this year but they are taking 1 day off for the day I took off on Dec. 31st out of this years vacation and I am not getting the 4 days from last year I should have rolled over. I know i'm not a salaried employee but i am a full time employee who has worked 40 hours a week for the last 4 years. Salaried employees who have worked for the company for four years get 2 weeks paid vacation and after 5 years they get 3 weeks. Is this legal what they are doing to me?


Asked on 1/15/10, 10:27 am

1 Answer from Attorneys
Deborah Skanadore Reisdorph Skanadore Reisdorph Law Offices

Is the vacation policy in writing? Find an employee handbook that was effective when you first started working as a full time employee, or the earliest one you can find that may have been in effect. By law, the employer cannot take away any already earned vacation time. Calculate based on the company policy. Was the statement to you simply oral or was it in writing anywhere? If it was just oral with no policy in writing, you may have a problem because it would be your word against the employer's word. Changing the policy often is not allowable without putting it in writing, and the new policy cannot remove your prior earned vacation time.

You have rights, keeping asking until you know your rights.

Deborah S. Reisdorph

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Answered on 1/20/10, 11:44 am


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