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What is considered unreasonable refusing 1 day of annual…

Customer Question
Hi, what is considered...

Hi, what is considered unreasonable refusing 1 day of annual leave?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

I put in my form with 2 weeks notice to my manager for Friday 6 April off and it was refused because too many in the office are on leave (2 people)

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union - office environment. I’m an account manager

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not in relation to this evening except to say I have found this manager to be unreasonable

Submitted: 29 days ago.Category: Employment Law
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Answered in 19 minutes by:
3/27/2018
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 29 days ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,139
Experience: Employment/Labor Law Litigation
Verified

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).

On these facts, you wouldn't have a claim of unreasonable granting of vacation. It's actually nearly impossible to make that claim without the employer having a very strict policy about when they can refuse leave. Otherwise, it is a very discretionary function for employers and you'd have to establish intentional discrimination based on race, religion, gender, age, disability or FMLA use, in order for their decision to be illegal.

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 28 days 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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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,139
20,139 Satisfied Customers
Experience: Employment/Labor Law Litigation

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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