Legal Question in Employment Law in Ohio

My employer is considering taking away all vacation time that employees have earned in the middle of the year. Is this legal?


Asked on 8/16/10, 5:52 am

1 Answer from Attorneys

Neil Rubin Neil S. Rubin, Attorney at Law, LLC

This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

If you are an at-will employee (the vast majority of employees in Ohio), this action is not illegal. Nothing in the law states that the employer can not change policy as long as it is not discriminatory. Further, there are no provisions for vacation, paid or otherwise. This is just something that employers feel they need to do. Is this wrong? Sure. Is it illegal? No.

(There is cause-of-action which MIGHT apply here but it is a very tough one to make. It is called "unjust enrichment".)

Your recourse is to find another job.

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Answered on 8/22/10, 7:40 am


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