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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12173
Experience:  Significant experience in all areas of employment law.
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I work and I have been denied my vacation every week I ask

Customer Question

I work for Safeway and I have been denied my vacation every week I ask for. I have given them 5 of my choices and it is still denied. I need a vacation.. I'm tired. My union rep said that the union overrides California state law. What's the truth. I don't trust this union
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. I am sorry to hear about your denied vacation and certainly can understand why you are frustrated. It is true that union contracts typically will override state law protections--generally because the union contract provides some sort of trade off which results in greater benefit to the employee. But here, the issue of union contracts preempting state law does not matter because state law does not provide any great protection and does not require your employer to allow you to use your vacation. Under state law, an employer can refuse to EVER let an empyer use their accrued vacation. Of course, that would be a horrible management practice that would probably cause some staff to leave but it's not against the law. The only requirement under CA law is that an employer pay an emloyee for the cash value of any unused accrued days upon separation of employment. This, I'm afraid yor only recourse here is to continue trying to address this issue with your union rep. CA law will not provide you with any leverage in this matter. I hope this addresses your question and I'm truly sorry I don't have better news. Please let me know if I can be of any further assistance.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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