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I am looking at your blog about the employee who transfers…

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I am looking at your blog about the employee who transfers from Ca to another state within the same company. I have an employee with 200 hours of vacation who has transferred to Texas on Feb. 1. Texas and the rest of the company has a use it or lose it policy, which allows employees to carry vacation over vacation from 2017 only until April 1 of the following year (3 months grace period). Doe the Company policy stand or do we have to pay out or grandfather the CA earned vacation? I have found both opinions.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will, full-time non-union

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salaried employee

Submitted: 4 months ago.Category: Employment Law
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Answered in 4 minutes by:
3/12/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,574
Experience: Employment/Labor Law Litigation
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Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

While you both would have arguments, the employee here would have the stronger argument. When the employee worked to earn the vacation in question, they did so under the impression that they were earning under the California policy. Unless the employer here specifically notified the employee that with the transfer, they would lose their rights to that vacation, so that they could make a knowing choice to give up their California rights to the leave, I believe that the Texas courts would require payment based on the old system.

Certainly, any new leave would be under the new policy but the issue is changing the nature of leave already earned under a different system.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 4 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care, have a great day and please don’t forget to rate my service.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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