• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is My Vacation Time from my Offer Letter Binding. - California

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kismetgeek

Junior Member
What is the name of your state (only U.S. law)? I currently work in California.

Resulting from negotiation during my hiring, I took lower pay to get a large amount of paid vacation time. 200 hours/year. Now, there is a new administrator at HR in my company who does not think I should have so much vacation time.

They now want to reduce me to 100 hours. Can they arbitrarily reduce the vacation time despite the terms of my offer letter? I took the lower pay for vacation time and I do not believe that an equivalent increase in pay will result from the reduction in vacation pay.

Thanks for your advice.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? I currently work in California.

Resulting from negotiation during my hiring, I took lower pay to get a large amount of paid vacation time. 200 hours/year. Now, there is a new administrator at HR in my company who does not think I should have so much vacation time.

They now want to reduce me to 100 hours. Can they arbitrarily reduce the vacation time despite the terms of my offer letter? I took the lower pay for vacation time and I do not believe that an equivalent increase in pay will result from the reduction in vacation pay.

Thanks for your advice.
Have you discussed this with the new HR directors with the offer letter in hand?
 

swalsh411

Senior Member
Are you asking if the company has to give you 200 hours of leave until the end of time because it's in your offer letter? The answer is no. Just as you are free to re-negotiate the terms of your employment within legal boundaries, so is your employer.

Are you asking if the company can legally take away vacation you have already accrued? The answer is no.
 

cbg

I'm a Northern Girl
Swalsh is correct. The offer letter is almost certainly not a legally binding contract and you don't want it to be - if it were, you could never get a raise.

Under CA law, you cannot lose any time ALREADY accrued. But that does not mean that the company cannot make changes going forward.

You are free to find a new employer that will provide you with terms more to your liking.
 

kismetgeek

Junior Member
while i agree that the terms can be changed, doesn't the change in terms have to be agreed on by both parties? If it were so easy to take vacation time away, any company could hire someone with a reduced salary on increased benefits, then remove the benefits.

in the same way I could not arbitrarily give myself more vacation time or increase my salary without the agreement of my employer, how can they change the terms of my employment without my consent?
 

swalsh411

Senior Member
They have your consent if you continue to work under the new terms. You are always free to seek other employment. You seem to be under the mistaken impression that you are on equal footing here. The benefits provided to employees, within the confines of the law, are at the discretion of the employer. If you don't like them, don't work there.

You came here hoping somebody would tell you it's illegal to reduce your vacation accrual going forward because your offer letter says something and that is simply not true. With the exception of a few places (like DC) that require paid leave under certain circumstances, it would be legal for them to no longer offer paid leave to any employee. (They just couldn't take away what had already been earned)

edit: (would be hard to attract good employees if you didn't offer paid leave, but it would be legal).
 
Last edited:
actually, the vacation time may be part of your employment. It will depend on the circumstances and letter. But a company can lower your pay, right? Your may, and I repeat may, be able to quit & collect unemployment if they change your compensation.
 

cbg

I'm a Northern Girl
The poster will not be able to collect UI because his vacation benefit was reduced ongoing - that's utter nonsense.

Poster, if you had an actual contract then you would both have to agree to the terms. But an offer of employment is not a contract. Your employer could reduce your pay without your consent; he does not need your consent to reduce your vacation, either.

If it were so easy to take vacation time away, any company could hire someone with a reduced salary on increased benefits, then remove the benefits.

What makes you think they can't?
 
The poster will not be able to collect UI because his vacation benefit was reduced ongoing - that's utter nonsense.
That is not always true. an aspect to investigate. if the employer lowers your compensation then you can sometimes quit and collect unemployment. learn the law before spouting about it huh?
 

cbg

I'm a Northern Girl
I know far more about employment law that you do. And I know that while lowering WAGES can sometimes result in unemployment compensation, lowering BENEFITS does not.

But then, you're the expert in spouting off without knowing what you're talking about, aren't you?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top