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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience:  Assisting employees and employers for over 14 years.
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Can my employer cancel our vacation and sick time thats already

Resolved Question:

Can my employer cancel our vacation and sick time that's already verbally promised?
I had 5 days of each last year. We don't have a contract. Today our employer told us that because of slow sales he was going to cancel them until further notice. We are salaried employees.
Submitted: 1 year ago.
Category: Employment Law
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. Am I correct to assume that you do not belong to a union?
Customer: replied 1 year ago.

Not union. Small family business.

Expert:  JB Umphrey replied 1 year ago.
Thank you. According to L&I, "An employer is not required to give workers paid holiday, vacation, sick or bereavement leave. Paid leave for holidays, vacation, sickness or bereavement following the death of a close family member are considered “benefits” that may be paid by the business under a policy, written agreement, personal contract, oral agreement, collective bargaining agreement or other form of agreement. There are no state laws requiring that such benefits be given.
If the business agrees to give these benefits and then does not do so, workers may sue the business in a private legal suit in small claims court or through a private attorney. L&I does not enforce these agreements."

http://www.lni.wa.gov/WorkplaceRights/LeaveBenefits/VacaySick/default.asp

Thus, to clarify: there is no state law which prohibits the employer's actions. What you've described is an act of bad faith and, at most, you can only try to sue the employer in small claims court for breaking its oral promise.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 1 year ago.

You've confirmed what we already suspected and that's very helpful. Thank you.

Expert:  JB Umphrey replied 1 year ago.
You are very welcome.

Please do not forget to click on excellent service feedback so that we are credited for assisting you.

~~ J.B.
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience: Assisting employees and employers for over 14 years.
JB Umphrey and 5 other Employment Law Specialists are ready to help you

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