May I sue my company?

I started working for my company this year in August. When hired, I was told I get 5 sick days and 5 vacation days. Since the company closes for a week during Christmas, usually people use the 5 days vacation during that time. Since, it's near Christmas, they just informed me I don't get the full week paid

I started working for my company this year in August. When hired, I was told I get 5 sick days and 5 vacation days. Since the company closes for a week during Christmas, usually people use the 5 days vacation during that time. Since, it's near Christmas, they just informed me I don't get the full week paid since I haven't accrued the hours. (I wasn't told this when I was hire and I did not sign any paper saying I have 5 days vacation or not). I'm just upset because at this point it's a he said she said situation. My company has no manual and it's unfair rules can be changed just like that. Is it possible I can sue?

Other answer:

Evelyn:
In most companies I have worked for, you "earn" days based on the time you have worked, and per other posters, you may have earned 2 days at "best".

But, in many companies, they do not allow you to take, (unless) you work there either 6 months, or 1 year to be eligible. So, my guess per them stating won't get the full week paid, means they will pay your "earned" time since starting employment back in August.

Look at your paychecks. Many companies may list vacation and/or sick time on it. If so, would show amount earned, or if used, how much left or taken.

My other suggestion is to find out about the sick time, can it be used as vacation, (would make a total of 10 days) if you don't get sick, or does it rollover, or lose it you don't.

Sue, are you nuts, you will lose that one , and have no job, nor any money. Welcome to the real world of employment.

Who:
1) how do you prove what you were told?

2) there may not be a company manual but did you get a contract of emploment (stating the hours you work, how much you get paid)
If so what did that say about holiday/sick pay -. You say 5 days for each but over what period? Is that over 1 year 1st jan – 1st jan or over a different period?

3)what are the general laws regarding employment. These may say the general terms that would apply unless you have a contract of employment that says different.

Unless there are general employment laws saying you have to accrue them, then you are entitled top 5 days over that period. That is- you are entitled to 5 days at ANY time between now and the end of the period
If thats 1st jan then you have 5 days holiday between now and 1st of jan

(course – the real question is- are to willing to risk your job by suing for 5 days?
you COULD have legal right to sue for those 5 days, but get fired as soon as you sue. So you get 5 days pay but have lost your job, and most likely a bad reference)

Godless Gazoo:
If they give five days a year you'd have about 2 days for this year.

You could sue if you are positive that they promised you 5 but you'd probably lose your job.

WRG:
You can sue but you will not win. It would be very rare for an employee to be given a week off before they have been somewhere a year.
PoBoy:
Don't bother to sue, you will lose. VC is earned, usually not granted. For every X days you work you accrue Y days of VC. So, if you started in '16 you will earn those VC days this year and take them next year, '17. You assumed you would get the days this year but you are wrong.
mazhar:
First of all were you told if their were a exclusions of dates when you cannot take your five days off, are lots of other staff taking time off at Christmas which would leave short staff, you maybe needed at this time, the employer should or will tell you when requested for 5 days off which should have been booked. 2-4 weeks prior notice and okays or declined within a week due to work demand.
Luna:
I don't think you can sue them if there's nothing official stating that you are entitled to the full week off before having worked a year. Sorry.
Linda R:
Delusional 'snow flake'. NO employer gives any employee 5 sick days and 5 days vacation until he or she has worked there for ONE YEAR! It's obvious, during the interview, all you heard was '5 sick days and 5 days vacation'. Employer benefits is NOT a document that is signed by anyone.
tro:
you might sue if you had some documentation of what they promised you
and you also may not have listened that you had to work a year before the sick leave and vacation time were available to you
hotstuffktr:
Your Leave SHOULD BE pro-rated on how much time you've spend with your employer, during the year. If you've been there 4+ months, I'd expect you have roughly 14 hours, or just short of two days Leave.
Share

Leave a Reply

Your email address will not be published. Required fields are marked *