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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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my husband hired on with a company out of Ca. in Ga. in Oct.2010

Resolved Question:

my husband hired on with a company out of Ca. in Ga. in Oct.2010 under certain guidelines laid out in employee hand book concerning vacation. The Co. changed the vacation policy in Aug.29, 2011. We took our vac. in Oct. 2011 we were entitled to and now when we think we have vac. time to cover Bereavement time (which they don't pay), they are telling us he has a negative vac. bank because of the new policy implemented in Aug.29, 2011. Question is can they do this? Doesn't my husband have rights to Co. policies he was hired in under? the new policy say.s vac. starts to accrue after your one year anniversary date but it also reads any accrued vac. will offset advanced time. Isn't this making him pay back his first vac. time he worked for and earned to bring him under the new Co. policy that new hirees are hired in under. Isn't he grandfathered in under his employee vac. policy that he hired in under?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  socrateaser replied 4 years ago.
An employer can change its employment policy "at will" -- at any time, for any reason, or for no reason at all. However, to impose the policy on an employee, the employee must have notice of the policy change before, the employee continues working under that policy.

So, if your husband can prove that he never received any notice of the policy change before exercising the vacation benefits, then he can enforce the original policy against the employer.

Hope this helps.

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Customer: replied 4 years ago.
Ok, how do we go about proving this? He signed of on the new Handbook But Hr has produced a single letter explaining the new polcy with no date on it and it's not in the handbook?








Expert:  socrateaser replied 4 years ago.
You only have to prove that you signed the handbook. The employer then must prove that you were provided with notice. If you have an undated policy memo, that suggests that no notice was provided to any employee. It would help to have one or more coworkers who will testify that they also never received notice. That would be the sort of proof you need.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept (or, click on one of the happy smiley faces/stars/etc., if applicable) for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.

And, if you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Thanks!

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Customer: replied 4 years ago.
Now, what if they come back and terminate employment?
Customer: replied 4 years ago.
Socrateaser, what if they come back and terminate employment?
Expert:  socrateaser replied 4 years ago.
That is a risk. There is nothing to prevent the employer from terminating an employee for attempting to enforce an employment contract. There is one exception. If you file a complaint with the U.S. Department of Labor, and the agency agrees to take the case, then your husband would be protected from termination under retaliation provisions related to wage claims. However, DOL may not accept a case based on a dissallowed benefit claim. So, you would have to file the complaint and see what happens.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept (or, click on one of the happy smiley faces/stars/etc., if applicable) for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.

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socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
Socrateaser, Thank you, XXXXX XXXXX been most helpful! :)
Expert:  socrateaser replied 4 years ago.
You're welcome and good luck.