Legal Question in Employment Law in California

Re: I quit my job, will I recieve my unused vacation time?

Whether vacation time has vested, and therefore earned, depends on the terms of the vacation policy. Some employers do not allow the vacation time to be earned until you have reached the anniversary date of your hire. In that case, your vacation time is not vested if you did not work a full year. You should look through all documents given to you, including any employee handbooks and look for the company vacation policy. Or call the employer's Human Resource director and ask for an explanation. If not satisfied, go down to your local Labor Commission or see a labor law attorney near you.

Re: I quit my job, will I recieve my unused vacation time?

There is no federal or state law requiring employers to provide employees with vacation benefits, whether paid or unpaid. However, most employers do, as it seems your former employer did. Where employers do provide vacation, there are some California statutes that apply. Pursuant to Section 227.3 of the California Labor Code, an employee's right to paid vacation time vests as labor is rendered by the employee, and the employee is entitled to receive pay for all vested but unused vacation time upon termination of employment. Accordingly, you should receive your unpaid vacation time.