Legal Question in Employment Law in California
Final Payment after Resignation (with unused vacation)
I have resigned from my position, my last day of employment is this Friday, do they have to pay me my salary and unused vacation, personal day, and sick days on my last check? They claim in the policy hand book that vacations and sick days are not accrued from year to year, but given my position of sales and marketing, I was asked by my boss the President to hold-off on vacations and a surgery in which I had planned (was going to use sick days) until after things panned out with 9/11.
2 Answers from Attorneys
Re: Final Payment after Resignation (with unused vacation)
You should have taken the vacation time as the employee handbook outlines the companies' commitments to their employees . Read the policies closely. Be sure they live up to their promises-you should be paid unused sick, personal & vacation time for the year. Also you should speak with your boss for whom you gave up all those hours for and see if you can negotiate a better severance with him. Seeing how you have made the choice to leave the company, you may have a tough go at it, but use your superior sales skills to show him how paying you a generous severance is to both of your advantage. Negotiate.
Good luck in your new job-Martin
Re: Final Payment after Resignation (with unused vacation)
Unused vacation pay must be paid to you upon separation. Personal days and sick pay are not covered in the same manner as vacation and the employer will not be required to pay you unless the policy requires payment upon separation.
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