when laid off, am I entitled to any accrued vacation time?

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when laid off, am I entitled to any accrued vacation time?

When I was let go, my employer did not have a check ready, nor did they pay me my due commision, nor did they settle any accrued vacation. If the employer plans on a two week annual vacation at xmas time, do I have a right to a percentage of that? He does not publish our accrued vacation time and claims it does not accrue…it just occurs.

Asked on May 26, 2009 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Well, each state is different and the requirements are different. It also depends on the type of job you have, if you are union or non union, etc.   But once you are laid off, statutorily, your employer is to pay you your wages owed and any vacation accrued.

Here is where you should next inquire (i.e., file an inquiry or complaint): http://www.dir.ca.gov/

Here is some information on vacation pay for you from the same agency.  I think you will find it quite helpful indeed, especially Question #2: http://www.dir.ca.gov/dlse/FAQ_Vacation.htm


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