Watkins & Letofsky, LLP
Call For A Free Consultation

Discrimination based on vacation leave

The laws regarding vacation time can vary from one state to the next. Even if your workplace should provide you with a set number of vacation days, many people are hesitant to take them for fear of losing the job. It is perhaps for this reason many employees only take a fraction of their vacation time off. 

An employer cannot fire you directly because you chose to use your vacation time. As long as you informed the right personnel that you would leave for a while and informed your boss, then you should not face any repercussions for going on vacation. However, there are circumstances where an employer could fire a person on vacation that would be within the bounds of the law

General layoffs

If your company has to undergo layoffs while you are on vacation, then you could be one of the individuals who loses a job. A person does not have any protections from a layoff simply because he or she is on vacation.

Discovered wrongdoing

In the event an employer discovered an employee currently on vacation engaged in embezzlement or a similar criminal act, then that employee can lose employment while gone. Additionally, this does not have to refer to illegal activity. If you needed to complete an assignment before leaving and failed to do so, then an employer may fire you for failing to do your job. 

Demand to cancel

An employee may have done everything right. This person asked for vacation time several months in advance and planned on taking it at the proper time. However, a week before leaving, the boss wants the employee to stay behind to help with an important project. If the person still went on vacation, then the boss may view this as job abandonment or insubordination. This situation is tricky because the employee may still have entitlements to receive the vacation. When in doubt, it is always preferable to speak with an attorney to discuss your specific case. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Watkins & Letofsky, LLP For more information about our practice, please contact us online
or by phone at 866-439-1295

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Watkins & Letofsky, LLP

Santa Ana Office
2900 S Harbor Boulevard., Suite 240
Santa Ana, CA 92704-6418

Toll Free: 866-439-1295
Fax: 949-476-9407
Santa Ana Law Office Map

Las Vegas Office
8215 S. Eastern Avenue
Suite 265
Las Vegas, NV 89123

Toll Free: 866-439-1295
Fax: 702-974-1297
Map & Directions

Review Us