Legal Question in Employment Law in California

I have a written agreement when I was hired 3 years ago from the President of my company to receive 24 days vacation per year. The new Employee Handbook gives only 12 vacation days per year. Which overrides?

Thanks,


Asked on 11/14/12, 3:11 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

A written agreement between you and the company should take precedence over an expression of company policy intended for the entire workforce. Furthermore, your agreement would probably be viewed as a contract (which I can only assume without reading it), whereas, most employee handbooks contain disclaimers which say they are not intended to be contracts.

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Answered on 11/14/12, 3:20 pm

I agree with Mr. Kirschbaum, as far as his reasoning goes. However, unless the agreement also expressly said it was not modifiable by the employer and gave you guaranteed employment for a specified term except firing for good cause, then you are an at will employee and they can change the terms at any time and fire you if you disagree.

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Answered on 11/14/12, 3:29 pm
Terry A. Nelson Nelson & Lawless

The written agreement, if that is actually what you have.

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Answered on 11/14/12, 4:33 pm


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