Am I owed accrued vacation pay?

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Am I owed accrued vacation pay?

I left a company of 20 years in October and the employer refuses to pay me 8.5
days of accrued vacation. I have taken 2 weeks paid vacation every year since
starting in 1998. The employer has responded to the State of IL that because
there was never an employee hand book or written vacation policy, that I am not
owed. Can an employer not be liable by simply NOT putting the policy in writing?
Wouldn’t precedence and the fast that all employees received paid vacation play a
role in the States decision? The labor board has referred this for a hearing and
the employer has hired representation.

Asked on April 9, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Under California law, unless there is a union or collective bargaining agreement to the contrary, you are entitled to pay for your earned/accrued but unused vacation time when your employment ends--even if the'd had a "policy" to the contrary, such a policy does not override the law. (And also, you are right: past practice can be used to show policy, so the evidence is apparently that they did pay out vacation.)
Here is a link to a website put out by your state government: scroll down to item 10: https://www.dir.ca.gov/dlse/faq_vacation.htm


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