Told to take vacation - then laid off

[whispurr]

What is the name of your state (only U.S. law)? Washington

My husband's company was purchased by another company a few months ago. They told the existing employees that they had to use their vacation because it wouldn't roll over to the new company at the end of the year. They told the employees that they were going to see how things went for a year before they considered making any changes as far as possible layoffs. Everyone had to rush to get their vacation crammed into a couple of months, we got ours approved for the second week of December. We booked a cruise.

Friday, two weeks before our cruise, they laid my husband off without any warning. Now we have an expensive vacation booked at a time when we really shouldn't be spending any money - and we wouldn't have been doing this at all except they told us to "use it or lose it."

They are paying out his vacation and 3 weeks severance. He has been at the company 2 years as of next Saturday. They laid off 25% of the company. The company that bought them out is headquartered in Wisconsin. Is it worth our time and money to see an attorney?

Thank you!

 

[TinkerBelleLuvr]

When the company says, "Use your vacation or lose it." - it does NOT mean that you have to take an expensive vacation. Vacation pay means that they will pay you not to come into work.

The company didn't put a gun up to someone's head and say, "Go book an expensive cruise."

You have nothing. They are paying out the vacation pay. You've already paid for your vacation, right? Or did you just plunk the whole thing on a credit card and plan on paying for later?

 

[whispurr]

No, I realize they didn't tell us what to do with our vacation, the timing is just horrible and we would have made different decisions had they not told us he was relatively safe for a year.

The vacation is paid for, we have no debt. We have a few minor expenses that haven't been paid for yet, like transportation, meals while we aren't on the cruise, hotel rooms for the day before and after the cruise, etc. But the cruise and shore excursions are paid for.

It does seem kind of irresponsible to go on vacation when he could be job hunting. We'll be fine financially as long as he finds something before unemployment runs out, but we have friends who have exhausted their unemployment and still can't find work, so it's kind of scary and we want to cut back in every way possible.

I didn't think we had a case, but it never hurts to ask.

Thank you for answering so quickly!

 

[commentator]

You might check to make sure the WARN statutes were followed for this mass lay off. If they laid off a certain number of people (100 or more by the federal statute, less in some states) without 60 days notice, there might be some sanctions involved to the company if a class action lawsuit were filed by affected employees. Which of course would not help you now or for a long time in the future.

I'd be thinking long and hard about the cancellation expense of the cruise,vs. the taking of it and using up money you'll need. If you are on a cruise, you should not be signing up, eligible or certifiying for unemployment insurance during those weeks, as you are not able and available for work.

 

[cbg]

Deleted because I can't read.

 

[pattytx]

Deleted because I can't read.

BWHAHAH!!!!!!!!!