• 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.

Employee manual and paid holidays

  • Thread starter Thread starter phalanx
  • Start date Start date

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

P

phalanx

Guest
What is the name of your state? Florida.

This is a two-part question. Is an employer issued written employee manual an implied contract with its employees?

If the above manual defines how and when paid holidays are taken, then can the employer choose to disallow a paid holiday some time later without revising the written manual and re-issuing the revision to its employees?

The employer is a large national company with over 10,000 employees.
 


Beth3

Senior Member
1. Not unless the handbook is written in such a poor fashion that it constitutes a contract, which is quite uncommon. Chances are the handbook has disclaimers in several places stating that all employees are "at will" and that the handbook is merely a guideline, does not constitute an employment contract, and that the employer may change, amend, or discontinue their policies as they feel appropriate, with or without advance notice.

2. Yes. See above. I would expect a company of that size to have had their handbook thoroughly reviewed by an employment law attorney to make sure that it does not constitute a contract in any regard.
 

KK1124

Junior Member
Employment "at will"

How is it that all the information I've read about employment at will only refers to employers are able to fire for any/no reason, and employees are able to quit for any/no reason? Meaning there is no contract on how long you have to employ someone or be employed by someone.

I haven't seen anywhere that employment at will means the boss can change policies when, where and how they desire with no notice to the employees. I've heard before that employment at will allows this, but like I said, I've yet to actually see it in writing. Where can a lay person go to see this kind of information?
 

Beth3

Senior Member
I haven't seen anywhere that employment at will means the boss can change policies when, where and how they desire with no notice to the employees. That's because in the absence of a law, a right is presumed. Since no laws (or case law) prohibits an employer from changing thier policies and practices as they feel appropriate, they are free to do so.

I realize you're extremely unhappy about this change in their holiday schedule however the reality is that business conditions change and an employer who wishes to stay in business needs to be flexible and sometimes make unpopular decisions. Decisions like this aren't made on a whim. There's a legitimate business reason behind it.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top