Vacation pay was withheld after last day of work July 30th

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Vacation pay was withheld after last day of work July 30th

My vacation pay was withheld after my last day of work July 30th, 2016. I quit
the organization and gave a 3 months notice that I will be quitting. I had one
project that was not finished and is still in the process of finish. Can this be a
reason my vacation pay was not given to me upon termination?

Asked on December 13, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your state is one of the few which requires payment of unused vacation pay on termination of employment. There are no grounds to debit or not pay it--even if you left with work undone, on bad terms, quit, etc., they still must pay you. If they do not pay it, you could contact the state Division on Labor Standards Enforcement (DLSE) to file a wage claim--unpaid vacation is considered unpaid wages in your state.


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