Can my company take away unused vacation at the end of the year if I wasnot allowed to take it?

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Can my company take away unused vacation at the end of the year if I wasnot allowed to take it?

Turned down from taking it do to lay offs and slow business level. I am only working 50% of the time and laid off 50%. Company policy is to only allow 1 week carry over but many of my fellow employees and myself will still have 2 – 4weeks left at the end of year.

Asked on October 6, 2010 under Employment Labor Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You write the words "company policy" in your question.  Is the company policy a written policy in a handbook of sorts or pamphlets from a Human Resources Department?  Do you have a contract by any chance that spells out the terms of your employment?  A letter that spells out the terms of your employment?  I would take whatever documentation you have to an employment attorney in your area.  it seems to me that you have an agreement and terms of employmentin some form, even as an "at will" employee and that you are being denied rights under your terms of employment.  An attorney familiar with the laws in your state need to determine f you have any recourse based upon the terms of your employment.  You may just be out of luck but you need to know.  Good luck.


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