Legal Question in Employment Law in California

Accrued Vacation Compensation

I was termininated. The firm by contract owes me accrued (vested) vacation time. When calculating it, do I calculate by gross income (including commissions)or by base rate of pay? I am owed by my calculations about $7,000. Am I better off with the labor board or suing for $5,000 in small claims? Thank you.


Asked on 8/26/02, 12:42 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Accrued Vacation Compensation

The Labor Commissioner, as you can claim the wages, plus interest and possibly penalties. Call if interested 714-960-7584

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Answered on 8/26/02, 8:49 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: Accrued Vacation Compensation

Start with a demand letter then the Labor commissioner....

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Answered on 8/26/02, 10:33 pm

Re: Accrued Vacation Compensation

-If you are hourly, then the vacation pay will likely be based on your hourly rate.

-You will probably have more remedies, i.e. penalties and interest, if you go to the Labor Commissioner. Please call me at 805/641-6600 if you wish to discuss your options further.

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Answered on 8/27/02, 11:45 am


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