Legal Question in Employment Law in California

Hi

I was terminated on 9/3/09 and told I would be paid for the two weeks ending on 9/04/09. They did not ask for a time card -- are they required to? I received my final check today and noted that they list my vacation hours as less than the record I have (from my previous paycheck stub with all listed hours, deductions, 401k, etc). Can I request to submit my last timecard and also ask for copies of all my signed cards? And do I accrue vacation time until last day or pay period worked?

Thank you


Asked on 9/04/09, 7:12 pm

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

You accrue vacation hours, according to company policy. Normally, if you were terminated short of your anniversary date, you should receive a proportionate share of the vacation. For example, if you are supposed to get 2 weeks per year, but fired 6 months into the year, you should receive 1 week vacation pay.

You can request copies of all documents you have signed, including your timecards, to help you reconcile the hours you should be paid for. If you believe you were shorted, and the company refuses to make good on your wage, you can file a wage claim with the California Labor Commissioner and also ask for waiting time penalties.

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Answered on 9/08/09, 5:04 pm


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