Legal Question in Employment Law in California

Can I receive my vacation pay?

I had worked for a doctor for over 6 years and recently resigned. After my 2 weeks notice, my final check did not include my 2 week vacation time I had just gotten in Feb. There response was" The doctor does not pay out for vacation time." Is this legal? It definately is not fair and that teaches me not to be nice and give 2 weeks notices. Please advise me if this is legal because I do want to call him and request this if possible. Thank you,


Asked on 4/14/98, 10:21 pm

2 Answers from Attorneys
Thomas Pavone Pavone & Cohen

Vacation Pay upon quitting

Further facts are needed. If you recieved vacation with pay during your 6 years of employment, you are entitled to unused, unpaid vacation pay upon termination. The Division of Labor Standards Enforcement has jurisdiction over unpaid vacation pay. In addition, the employer may be subject to penalties (of up to 30 days pay), under labor code section 203.

The above is meant to assist in a general understading of the subject matter. IT IS NOT TO BE REGARDED AS LEGAL ADVICE AND NO ATTORNEY - CLIENT RELATIONSHIP HAS BEEN ESTABLISHED. Companies and individuals with particular questions should seek advice of counsel.

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Answered on 5/04/98, 1:16 pm
Ken Koury Kenneth P. Koury, Esq.

File a complaint with the California labor commissioner

What the doctor did was illegal. If you were to get a paid vacation he is reed to pay you cash for it if you leave before taking it. File a complaint with the California labor commissioner. You do not need an attorney to do this.

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Answered on 5/10/98, 10:05 pm


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