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I think there are people who feel that if something is "legally binding" its a simple binary situation. "Well the BOT said that so clearly its binding!" and hav
by burningChrome 3y ago
I think there are people who feel that if something is "legally binding" its a simple binary situation. "Well the BOT said that so clearly its binding!" and have no idea that almost no legal issue is that simple.
Like you pointed out, by preponderance of evidence, you could show that the employee should've reasonably understood they had "X" amount of days since its documented in so many different places and if one place said it was "XY" and employee decided to follow XY instead of X, they're fine since it was "legal binding". However, that would most likely not hold up in court because you can't use ignorance as a defense and say you the only vacation amount you knew of was what the BOT told you.
I think any employment attorney would inform their client this is what would happen and probably wouldn't take the case since the likelihood of winning would be so low.