Legal Question in Employment Law in California

My employer has a policy that states full time employees are eligible for benefits after 30 days. I started working for my employer as a regular part time employee. 90 days later I became full time. It wasn't until four month after I became full time that I began to receive benefits and accrue vacation and sick time after badgering my company. I should have began to earn vacation and sick time after 90 days as either a part time or full time employee as stated in my employer handbook and receiving benefits after 30 days of becoming full time. I finally contacted our corporate office and they told me that I was indeed being treated unfair. I am now leaving my employer effective the end of the month because I feel I've been discriminated against and lied to about my benefits. Is there anything I can do from a legal standpoint and does it matter that I agreed to arbitrate disputed with the company? I was told I had to sign the form to work for the company.


Asked on 12/19/13, 7:27 pm

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

Arbitration agreements are upheld by the courts if certain provisions are met. An attorney will need to read it to advise further. You can retain an employment law attorney to write a demand letter to your employer asking for payment of the vacation time you would have earned. Any earned and unused sick leave is lost upon termination of employment, but earned vacation time is treated as earned wages and must be paid.

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Answered on 12/20/13, 10:17 am


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