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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5047
Experience:  Extensive experience representing employees and management
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Last February I accepted a position in California. At the

Customer Question

Last February I accepted a position in California. At the time, I resided in Virginia with my wife and two young children. I accepted the role and received relocation benefits. I was told at the time of employment I was being brought on as a Vice President which allowed for 4 weeks vacation. According to my paperwork, I was going to be named a VP and this request would be presented to the Board of Directors and it would be approved upon my being brought on board. After taking 3 weeks of vacation to come back and see my family each time, I was informed in September that I was only accruing vacation at a Marketing Manager level which means I was only going to receive 2 weeks vacation and my the last week I took off was not going to be paid. My manager told me she was sorry but my paperwork was not submitted for approval during the 2 previous times when they typically present to the board. She then submitted immediately in October and I started accruing vacation at the VP level but it was not retro active and my manager at the point said I wouild have to adjust my Christmas plans to accomodate the lack of vacation. I can say in no uncertain terms that I would not have accepted this role if it meant I wasn't receiving four weeks vacation during my first year because this would be the only time I would get to see my 1 year old, 3 year old and wife. At this point, In November, I submitted my resignation because because of my family and the original agreement was that I must stay with the company for 1 year or repay the relocation benefits. I left at the 9 month mark but would have stayed on if they lived up to their end of the contract which I do not believe they did...they are now coming after me for repayment. I would like to secure representation...can anyone recommend a strategy for me? Thank you
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Unfortunately, JustAnswer experts cannot represent customers on the site, but I can answer any questions you have regarding your situation.

Did you have an employment contract with your employer? If so, did it state that you would receive 4 weeks of vacation per year?

Did the agreement you signed for relocation benefits provide for what would occur if you were not made into a VP.
Customer: replied 1 year ago.


I believe the 4 weeks was outlined in the agreement or paperwork they sent me. I will verify tonight. The agreement didn't not include what would happen if I were not made a VP. Do you believe I have a case?


 


Thank you,

Expert:  Joseph replied 1 year ago.
Hello Ray,

It really depends on whether those 4 weeks were in the agreement that you received and that they signed, since then you would be able to defend a breach of contract case against you by stating that your employer had already breached.

Otherwise, unless you had an employment contract stating that you would be made a VP in x amount of time or that you would receive 4 weeks in vacation, your case would be very difficult to defend.

Since there would not be a prior breach of contract on your employer's part, you would likely be held to be in breach of the relocation agreement since you left employment prior to the year required under the agreement.

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