Legal Question in Employment Law in California

This past year, I took paid time off in order to complete some company-related training. When I submitted my resignation, my employer said that it was unfair that I took paid time off now that I am not staying with the company, and they want the equivalent of my salary back. I don't have a contract with them stating that if I were to resign I would have to pay them back for the time I took off. Nor do I have a contract saying that if I needed the time off in order to do training, it would be paid time off. Is it legal for me to pay them back for the days I was absent?


Asked on 6/07/10, 9:20 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Generally, without a contract specifying the terms for reimbursement, an employer may not collect wages already paid to an employee. The burden would be on them to prove you breached an employment agreement or committed fraud on the company.

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Answered on 6/08/10, 1:29 pm
Terry A. Nelson Nelson & Lawless

On your facts, they have no right to demand or collect it, and you have no obligation to pay it. If they think they can prove 'fraud' and file a lawsuit against you, then I'd worry, and I'd immediately hire an attorney. But, I doubt they will.

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Answered on 6/08/10, 3:50 pm


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