Can an employer purposely treat their employee differently if they know this employee is looking for another job?

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Can an employer purposely treat their employee differently if they know this employee is looking for another job?

My husband put in for a vacation in the month of June 3 months ago, his boss said it would be taken care of. In good faith he trusted it would be. Vacation time has to be put in 30 days prior. We found out 4 days ago his boss didn’t approve the time. Since this happened he either would not have a paid vacation or not have one at all. My husband contacted HR to handle this. They got back to him with the conclusion he could have the vacation but if he wanted to keep his job he’d have to transfer to another store that they’ve wanted him to go to in the past be he’s turned it down. Is this legally right?

Asked on June 6, 2009 under Employment Labor Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Doesn't sound right but then again I don't know your husband's whole story.  Does he tend to take breaks a lot, leave, have a lot of absences?

 

Most states follow the at-will employment doctrine.  Without a contract or union or absent language to the contrary in an employee handbook, an employee can be fired with or without cause. 

Contact the following:

1. http://www.twc.state.tx.us/

2. www.attorneypages.com and check his or her record at the Texas State Bar.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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