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EMPLOYEES' VACATIONS REVOKED
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EMPLOYEES' VACATIONS REVOKED
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Two months ago the employees at a friends' factory were informed that their whole plant would be receiving a vacation. The dates of the vacation were posted. Now, two months later, the plant is revoki
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Forums » Topic Forums » Legal Forum » EMPLOYEES' VACATIONS REVOKED
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EMPLOYEES' VACATIONS REVOKED
posted at 6/16/1999 7:10 PM EDT
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Posts: 1
First: 6/16/1999 Last: 6/16/1999 |
Two months ago the employees at a friends' factory were informed that their whole plant would be receiving a vacation. The dates of the vacation were posted. Now, two months later, the plant is revoking the vacation and is going to keep the plant running. The only people that get the week off now are the employees who have been there a year or more.
My friend and I, during the two months time that we THOUGHT he was going to get this time off, made plans for a trip the the Upper Peninsula of Michigan. My employers gave approval for my vacation time to be taken the same week as his, and two other employees rearranged their schedules, cancelled other plans to cover for me. Also, a friend of ours has purchased plane tickets and is flying to the U.P. to meet us for the vacation. This has caused us a great deal of disappointment and loss of money and time. It has also cost my employers time and money. This vacation was confirmed by my friends employer, and it was only yesterday (only a week in advance of the vacation) that these employees were informed that their vacations were being revoked. Coincidentally, this vacation was to be from June 26, 1999 to July 5, 1999. Now these employees aren't even getting the Monday after the Fourth of July off. Is this legal? Is there anything to be done about it? Is there anything that protects employees from such a loss of time, money and energy? Sally |
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EMPLOYEES' VACATIONS REVOKED
posted at 6/16/1999 8:00 PM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
As far as "legalities", it may not be beneficial to the employees who have plans, and it may not seem fair, but I wouldn't figure on it being anywhere close to illegal unless done intentionally (which I doubt) or in defiance of a contract.
Also, a lot depends on how it was phrased: was it actually stated that everyone would get a "vacation", or was there an announcement that the plant would be shutting down: those are two very distinct entities. A lot of companies undergo a "shut-down" and require employees to take their vacation during that period. If, for genuine business reasons, the company has a chance for some additional business that would warrant operating the plant and cancelling the shut-down, it is the company's prerogative. Whatever service and/or material the company generates IS the reason the company exists, and, if it means cancelling a shut-down in order to meet a commitment to a customer or client, that's OK, IMHO -- not a popular decision, and I'd be upset also if it was me, but it's a sound business decision. I'm not saying that it's the best situation for employees, and, again, I can see where it would be considered unfair, but, the alternative is to go ahead with the shut-down and lose that additional business -- a nice break for employees, but it doesn't generate any income. And the costs of doing business don't go away because the plant isn't operating. I know how you feel; I've had vacations cancelled and/or moved before. It really isn't pleasant, however I'm sure the company had no other viable choice. |
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EMPLOYEES' VACATIONS REVOKED
posted at 6/17/1999 12:49 AM EDT
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Posts: 11
First: 6/16/1999 Last: 4/21/2010 |
I agree with Jims analysis. One suggestion: Most reasonable organizations will consider individual exceptions to this decision if the employee can prove that they made plans and deposited money (airfare, rent etc.) based on the employers initial communications. |
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EMPLOYEES' VACATIONS REVOKED
posted at 6/17/1999 5:37 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Coming from a business where personal plans can be routinely cancelled on short notice (as a litigator, once you are "trial ready" you can be called by the judge on very short notice), I think that the employer has the right to change its mind on plant closing for the most part. Of course, I assume that there is no contract in place. If the employee has lost money as a result of the change (lost refunds or something like that), then the employer may have a moral obligation and perhaps a legal one to make up the loss. (This is something I routinely do. If I have to cancel the plans of those who work for me, I try to make up for it in some way.) The legal claim would be a claim of detrimental reliance - - the employee relied on the employer's promise to shut the plant down and has lost money as a result of its breach of that promise. In particularly outrageous cases, a court could enter an order preventing the employer from changing its plans - - although I simply cannot conceive of a court doing that in the case of a vacation. |
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