Can employer stop paying holidays after having paid them for a year?
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Can employer stop paying holidays after having paid them for a year?
I work part-time at 2 dental offices. My bosses agreed to split my holiday pay and each gave me 4 hours. However, 1 boss retired but new boss agreed to pay me the 4 hours for the holidays and did so for a year. Now, out of nowhere, she yanked all my holiday pay from me. Is this legal? From what I’ve read, it was an
established policy since she had paid my holidays for a year, therefore they can’t take them away.
Asked on October 10, 2017 under Employment Labor Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
An company may change a policy at its sole discretion, that is unless the policy in question was written in a union agreement or employment contract. Also, the change must not have been due to some form of legally actionable discrimination, which does not appear to be the case in your situation. Bottom line, in "at will" employment (which most is) a business can set the conditions of the workplace much as it sees fit.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Employers may change their policies, even established or long-standing ones, at will, unless that policy was in a written employment contract for a definite term or period of time (e.g. a one-year contract) which was still in effect. Except as set forth in a contract, policies are subject to change at will, so your boss could do this unless you had a contract to the contrary.
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