Legal Question in Employment Law in California

I quit my job with the city by giving written notice a month prior to my last day. My last day was 11/12. I received my final paycheck on 11/16, but did not receive my vacation pay until 12/16. Under California Labor Law, it is my understanding that all pay owed is due within 72 hours of termination, or penalties can be levied up to 30 days. In the MOA that my employer has with the city, it states "he/she shall be given, at the time of such termination full pay for any vacation leave which he/she may have then accrued." Had I received my money on my last day, I could have avoided some financial hardships. When brought to the city's attention, they told me I have to follow the grievance procedure in the MOA, which in part deals with talking to superivisors, etc. As I previously stated, I am no longer employed with this city, nor do I even reside in the same state. Can they do this, and do I have any legal recourse at this point to pursue?


Asked on 3/09/12, 3:11 pm

1 Answer from Attorneys

Your question is hopelessly confusing. You say you quit a job "with the city," but then you say your "employer" had a MOA with the city. Which is it? Were you directly employed by the city, or by a private employer with a MOA with the city? BIG difference in the applicable law between the two.

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Answered on 3/09/12, 4:19 pm


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