If an employee earns vacation under the existing policy but has not taken it yet or lost it and the company changes their policy on vacation and this employee becomes no longer eligible for vacation, does he lose the vacation he had already earned before the policy changed? :confused:

Hello l:

No. But, that doesn't mean they won't try to take it away.

The problem you're going to have, is that if you demand your vacation pay, you'll get it, and then they'll fire you.

excon

Thanks, I didn't think they could but how can they fire him with no reason, then they will have to pay unemployement, which I know they don't want to do

Hello again, l:

Unless he's a member of a union, has an employment contract, or is a member of a protected class of workers, they don't need a reason to fire him.

That doesn't mean they WILL. But, if he gets into a stink over his vacation pay, that's not going make his bosses happy.

So, instead of this being a hypothetical question, are they doing that to somebody you know? If so, tell me the DETAILS, and I'll tell you the best way for him to get paid and, hopefully, NOT lose his job.

They're certainly NOT going to stop because you had some exconvict that you found online, tell you they can't.

excon

Well, its my husband. He has worked as a cook in this restaurant for almost three years, he as earned two weeks vacation that he has not taken yet before they changed the policy. At the beginning of the year they changed their policy on who was eligible for vacation ( you have to work there for 5 or more years now before you can earn vacation). They told him he just lost his vacation that he had earned, which we were furious and also did not think was legal. We wanted to make sure that it wasn't legal before pursuing the matter. I know that they do not have to have a reason to fire him however if they fire him for no reason I know that he would be eligible for unemployment which I also know they would not want to pay. One of the reasons they cut vacations was to save money which is why I know that they would not want to pay for his unemployment but would have to, so what should we do

Hello again, l:

If he's already had conversations that didn't work out too well, the next step he should take is compose a letter to his boss.

In his letter he should mention that he EARNED his vacation, and it wasn't a gift. Plus, he did NOTHING to lose it. The only thing that changed is the policy. Tell the boss further, that as much as he regrets having to take such action, he WILL seek his rights in court. Make it a straightforward polite letter that sets out the facts and nothing more.

Send his letter certified, return receipt requested. Send another by regular mail and then hand deliver a copy to the office.

Once they see that he's serious, hopefully they'll relent. But, maybe not. Who knows?

excon

Thanks, wish us luck

You stated that the restaurant changed their policy to save money. If he keeps whining that he didn't get a vacation, I'm sure they will give him one... and tell him not to come back after his vacation is over. Also, the employer does not have to pay unemployment if the person is fired. Fired for what? For anything and nothing. You didn't state which state you are in so if it was a state where you don't need a reason to be fired, then you cannot collect unemployment. Sure you can apply for it but will probably be turned down and then wait weeks and weeks for an appeal and then be turned down at the appeal. And during this time there will be no income coming in the house from your husband.

Which is more important right now to you and him? A job or a paid vacation. Think this one over very carefully as his immediate financial status is at stake.