Austin, TX asked in Employment Discrimination and Employment Law for Texas

Q: Can an employer legally revoke a PTO request, that was previously approved, as a form of punishment for "mistrust"?

I worked remotely and did not inform my manager. This has never been a part of policy or an issue for the 5 years working for this company -- There is still no officially stated policy for doing so. My manager was personally upset I wasn't in the office and that I did not reply to their email with 24 hours of it being sent. The week prior they had informed me and other employees in formal 1:1s that new policies around in-office/remote work were being drawn up and wanted everyone to be more present in the office. After returning to work after winter break I was invited to a meeting with me, my manager and HR, and was told they believe I may have had malicious intent, taking advantage of work hours and that I "had breached policy, and as a form of punishment was revoking my upcoming PTO request." This felt strange to me considering her superior already approved the request almost a month prior. The company also has a "unlimited PTO" policy that is seen as a perk for working with them.

1 Lawyer Answer
Jaime Victor Papa
Jaime Victor Papa
  • Plano, TX
  • Licensed in Texas

A: This may be a breach of contract. I need to read your contract. Also, I am finding that employers are violating certain laws based on mandated pay polices. I am working on an issue like this now.

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