Legal Question in Employment Law in California
Termination without paying all of my vacation benefits
I was terminated after 34 yrs of service to an auto dealership.During that time I accumulated about 700 hrs of vacation time.In their employee manual it states that you can't carry more than 80 hrs a yr on the books.But it doesn't state that you stop accruing your vacation time.When I used any of my vacation during that year they would move the accrued amount up to 80 hrs in to replace what I used.At the time of termination I was informed that I was only going to get 160 hrs of vacation pay.I asked about the rest and was told that I was a liar and that I should be happy with what I was about to receive.I received no severance pay and was told I was a casualty of the recession.They replaced me with a much lower priced employee from one of their other stores.I guess what I'm asking is do I have a case to bring to the labor board or not.Please respond when you can.
Thanks in advance,
--name removed--J. DeSmet
1 Answer from Attorneys
Re: Termination without paying all of my vacation benefits
You have nothing to lose by trying. My opinion doesn't count, nor does yours. The Labor Commissioner's does.