If my employer wrote off 400 hours of my vacation time under the policy of no carryover vacation, can I claim them back?

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If my employer wrote off 400 hours of my vacation time under the policy of no carryover vacation, can I claim them back?

My employer changed vacation carryover policy, limiting it to maximum of 2 weeks in. I was told to use all my hours in 2010. Due to financial trouble in 2010, my company had to layoff many employees making it impossible for me to take any time off. In 11/10, I was told that I would lose 400 hours of vacation time at the end of the year. I told my boss that I would resign and take the payoff. He assured me that they would work something out. My other issues with the employer did not get resolved and I resigned. My last day is 04/08. Can I tell my employer that I will use all my hours?

Asked on March 11, 2011 under Employment Labor Law, Minnesota

Answers:

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

Answered 10 years ago | Contributor

You have many different issues here going on and I think that you should speak with an employment attorney in your area on how to proceed.  How this policy is delivered to employees - if there is a manual only or if you have an employment contract that can be distinguished under the law - will have a bearing on the matter.  Certainly your independent agreement will also carry weight here in the determination of the matter.  You were without a doubt enticed to stay on and gave up a right to a payout because of same.  I think that you may have a good shot at recouping the lost time monetarily.  Good luck.


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