Can my employer not pay vacation time accrued after being terminated?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer not pay vacation time accrued after being terminated?
I was recently laid off and am trying to collect my last check owed to me. However, the individual who handles that aspect is claiming they will only pay out my vacation for this year. I have been employed with this company for about 21 months. In my contract it states,
Asked on February 8, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Fortunately for you, you work in California. Labor law does differ by state in many regards, and each job is covered by the labor law not of the corporate headquarters, but of where that job is located. So you would be under CA labor law. And California holds that earned and accrued vacation time is a form of wages, and so 1) cannot be taken away or forfeited (except that a reasonable cap on how many hours be accrued may be placed, but such a cap must be put in place in advance, before you hit or exceed that limit), and 2) must be paid out on termination of employment. Here's a link to a helpful webpage from the CA Division of Industrial Standards on the subject: http://www.dir.ca.gov/dlse/faq_vacation.htm
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.