Legal Question in Employment Law in California

I live, work, bank and call on clients in California but I am employed by an Ohio-based company. I have been with the company for 2 years and, as per my original employment offer, I receive 3 weeks paid vacation every year. As I have not taken any vacation time in the past two years, This should entitle me to the full payment of accrued vacation as of my date of termination. Further, from the date of termination, it took the company an entire week to produce my final check which did not include any vacation pay. Am i entitled to my vacation pay after i've been terminated?


Asked on 1/28/11, 3:16 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Yes, it sounds as though California law applies, which forbids use it or lose it vacation policies. I would send them a certified letter requesting payment of vacation within a specified time. If they fail to pay, file a wage claim with the California Division of Labor Standards Enforcement and ask for waiting-time penalties, as well.

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Answered on 2/08/11, 1:49 pm


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