Would I have a lawsuit if I took vacation that was approved months in advance and then denied 2 weeks before I left

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Would I have a lawsuit if I took vacation that was approved months in advance and then denied 2 weeks before I left

I’m just figuring out what I can do

Asked on October 25, 2018 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Do you mean denied the right to take or use your vacation while you were still working there and without giving notice? In that case, you could sue for any costs you incurred but could not otherwise recover, such as nonfundable airfare, hotel  stays, etc. Unfortunately, that's all you can recover or get back: there is no recovery for the disappointment of missing a vacation or other emotional "losses."
If you mean that you scheduled your vacation then gave your notice, intending to take the vacation after you provided notice that you would leave/quit, then you are not entitled to compensation. A notice period is a courtesy, not the law: the employer may treat your statement that you are leaving employment as effective immediately or at any time thereafter, and is NOT required to pay you for not working (paid vacation) when you have already stated that you will stop working there.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption