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Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
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I was working in North dakota when I put in a request to go

Resolved Question:

I was working in North dakota when I put in a request to go on vacation, the policy at the time was if they did not turn down your request you woulkd not get any paper work back. If they did turn it down you would recieve a denial. I kept asking my foreman and general foreman if they ever recieved a denial. They said no and have a nice vacation. 3 days into my vacation I got a notice that I no longer had a job and they called it a voluntary quit. is there anything that I can do?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Jane Doe Deer replied 3 years ago.

Jane Doe Deer :

Was the policy to which you referred a written policy?

Customer:

thier vacation policy at the time. i put in a request for vacation time. i never got a response saying it was turned down and their policy was if its turned down you will get notified. i was never notified and kept asking the foreman and general forman if it wasw turned down. they saidf they never heard anything so it must have been approved.

Expert:  Jane Doe Deer replied 3 years ago.

I understand that. I'm asking you whether or not this was a written policy to help evaluate whether or not you have a case. :)

 

My best,

 

Jane

Customer: replied 3 years ago.
we got a memo that that would be the policy. but it was not in their employee handbook. the union policy was if you can afford to take vacation take it. but the employer did not give us vacation days.
Expert:  Jane Doe Deer replied 3 years ago.

Your union should be handling this matter for you. That's one of the things you've been paying them for.

 

A lawsuit based on this policy is possible, as a contractual breach.

 

If your union fails to help you, it may be a good idea to get two or three consultations from employment attorneys in your area. They're going to have a better idea of your local jury pool better than I can. If you have local jurors who favor employees over employer, you have a better chance for success in court than the other way around.

 

If you don't still live in ND, let me know where you are, if you'd like me to send you links to organizations of attorneys.

Another way to get an attorney is through references from friends, etc.

 

Remember, don't actually HIRE an attorney without first checking references. And don't try to pick the attorney's brain on the phone. Schedule an appointment and visit the office, like you would for a doctor!

 

But do try your union first. If you already have, and the union did nothing, bring that to the attorney's attention, because you may also have a claim against the union.

 

Meanwhile, two things to do.

 

1. Look for other jobs, and keep a running list of every place you applied, and the date. This could help you receive damages if this ever goes to court.

 

2. Sit down and write out a chronological list of what happened at work, starting with your application date, Just a date followed by one sentence. Write "approximately" whenever you are not sure of the date. Sign and date this list. Make sure it's as accurate as possible, since this could be used as evidence itself. Do this sooner rather than later, because memories fade.

 

Please let me know if I can be of any further help. If not, please click on "accept."

 

Good luck to you,

 

Jane Doe Deer

 

 

Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
Jane Doe Deer and 12 other Employment Law Specialists are ready to help you

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