Employment Law Questions? Ask an Employment Lawyer.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
Unfortunately, employment in the state of TN is "at will" absent an express agreement to the contrary. At will employment can be terminated or modified for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination or modification is fair, reasonable or even true.
So, I'm afraid it would not be illegal to revert you back to seasonal, even if this was being done simply due to an error on the part of your employer. With regard to vacation time, your entitlement to payment for accrued days would depend on what your employer's policies say. If they have a policy requiring payment of accrued vacation upon separation of employment, they would have to pay you. But since the law does not require employers to offer paid vacation in the first place, they are free to do with it as they please and in the absence of a clear policy requiring payment they are not required to pay for this time. (See TN Atty Gen. Opinion No. 06-169.)
I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
Well, if it's their policy to pay full time employees accrued vacation when they leave, you can probably argue you are entitled to payment because you were in fact full time, even if you were only designated as full time by mistake.
You are very welcome. If there is anything more I can do for you just let me know. It's my pleasure....