Legal Question in Employment Law in California

Hi,

I resigned from my job on July 22nd and they still have yet to send me my vacation pay. It has been over 2 months. They tried to send me 1/2 and wanted me to sign some sort of settlement paperwork and I refused. I was making 120K base and accrued my vacation during that time. Since I was an at will employee, they are trying to say they lowered my salary to $65k as of June (I was out on disablity from May22nd to July 22nd) and are paying me vacation based on a $65k base salary. My vacation was earned while I made $120k base. I have emailed, gone back and forth etc...I called an friend attorney and he said the settlement paperwork was them being smart and protecting themselves. By law, they had 2 days to pay me and now they could be liable for a whole months salary.

I told them last week they had until today to get me my check and I have been ignored.

What do I do? I want to file against them, they are horrible.


Asked on 9/09/09, 2:51 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Your options are to either file a claim with the California Labor Commissioner, or to sue them, in court, seeking the full amount of the vacation pay plus penalties.

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Answered on 9/09/09, 4:07 pm


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