a question for tw lawyers (a bit long-winded)

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$tarlight

Veteran XV
I have worked for a company for 3 years. In the beginning I took an assistant manager position with the company. They really needed me to, and I1 thought it would be a good change. There was a verbal agreement between my manager, his boss and me that I would immediately begin receiving the company's benefits package and begin accruing vacation hours. This occurred, and I have proof on my previous pay stubs.

About 1.5 years into my employment, the company had a change in payroll staff. The new clerk saw that I had been receiving vacation accrual 10 months prior to my certification. She took it to the VP of the company and they decided that since policy is to not offer benefits or vacation until certification, they would delete out 10 months of vacation. Vacation hours were also deleted from checks at around this time.

Recently, the vacation hours were shown on my check. I notice that I was missing a considerable amount since the vacation accrual rate goes up with each year of accrual. I have taken 3 weeks vacation during my employment. As of January 1, 2004, I should have had 3 weeks left. As I stand right now, I have less than a week.

The company never approached me on the issue. I am now a manager, and my previous manager's boss is now my boss. I have taken the issue to him and his boss. They are basically telling me I have no recourse. Any advice?

Cliff's Notes: Company gave me vacation hours against policy.
Company took away hours without approaching me.
Is there anything I can do?
 
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I think you would get a lot farther if you knew how to use the enter key, as filsinger has been kind enough to point out. This is TW. We like small words, and short lines here.
 
Better. However, if all you had was a verbal agreement, you're pretty much screwed if your boss won't go to bat for you.
 
I think even though you may have some sort of "case", it really isn't going to help you much

It'd be costly to sue, and verbal agreements aren't solid, although from what I remember reading they can be enforced. Regardless, it'd be a lot of money wasted to get 3 weeks of vacation time back.

Your best payback would be to find another job surreptitiously, then spring it on them, and let everyone know why you're leaving. Any law related solutions are just going to be too expensive to be worth it. I guess you could bluff, but i just odn't see the point
 
My boss won't back me because if he does, he will be in hot water for making the agreement in the first place. All I have is my former pay stubs as back up.
 
note that im only a law student and not a real lawyer, real advice seek professional, yadda yadda yadda

im real tired so im just spitting out whatever comes to mind to go to sleep

first theres admissions -- if your boss/manager/whatever admits in court that there was an oral contract, it will be enforced.

u can say the company is being unjustly enriched and then can recover in quasi contract (if you would have rejected the job offer if the benefits package was not thrown in).

they could say however that the oral contract contradicts directly with the written contract which both of you recognized as the complete and final embodiment of the terms of the agreement.

there is also something (i have to look it up to know the terms of it) that basically would say that by showing proof that they gave u the benefits to you early they waived that part of the contract/the contract is implied in fact. something like this happened with a tenant and a landlord a month before christmas 03. i never found out the outcome however.

basically any alterations to a contract make sure its in writing to get rid of hassle
 
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