Legal Question in Employment Law in California
I have not been paid the correct amount due for vacation and sick time accrual after I was laid off. It has now been almost one month and I have notified my previous employer via email with the correct amount they owe me. According to my final pay stub I still have vacation and sick time accrued that they owe me. They claim they have paid me, however the final paycheck was only for hours worked. They have not responded to my email. How much time do they have to respond? Should they have paid this to me on my last day of employment?
2 Answers from Attorneys
You should have been paid all accrued wages, including vacation time, on your last day of employment if you were laid off. Sick time is not compensable wages, unless sick time was actually taken or it is a form of paid time off, lumped together with vacation pay.
You need not wait. File a complaint with the California Division of Labor Standards Enforcement and ask for waiting time penalties, which is the equivalent of an average day's pay for up to 30 days.
The employer has between one and three days to pay all amounts actually due to a terminated employee. You can file a claim with the Labor Commissioner for the unpaid amounts due, and interest and penalties.
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