Legal Question in Employment Law in California

Re: unfair lay off

If you are laid off, you need to look to your employee handbook and/or polices and procedures to determine what your vacation policy is at your employer about how an employee earns vacation.

If you have earned and unused vacation at the time of lay-off, your employer must pay out that earned and unused vacation within 48 hours of your lay-off. If the employer has failed to do so, I suggest you contact legal counsel in your area or the California Labor Commissioner.

Beth of Luck, Beth Mora

Re: unfair lay off

How many employees were employed by the company and how many were laid off? California has its own version of the Worker Adjustment and Retraining Notification (WARN) Act, which requires certain employers to provide up to 60 days wages and other provisions as well. Ms. Mora is correct as to your vacation pay and the DLSE can inform you how to proceed in that respect.

Re: unfair lay off

"3 strikes" is a criminal issue, not employment related. Yes, it exists, to enhance penalties for crimes.

You can file an unpaid compensation claim with the Labor Commissioner if not paid all money due, including vacation pay.