Legal Question in Employment Law in California
Unpaid Vacation pay and accrual
I recently quit my job of 11 years in LA. I gave notice greater than 72 hours that I would quit on Friday 12-1-06, after giving notice 4 days in all, I requested that my full 18 vacation days be paid to me which included accruals. My employer only paid me my final wages upon termination, because they were advised that they could do a CPA audit after I left the company and withhold my vacation pay until the audit was complete. I held the position of company controller,
2 weeks later and no check in the mail yet, they do not return my emails. please advise. I am mailing a claim form to the CA Labor Enforcement Dept for Wage Claims division. CA law states that they will owe me up to 30 days additional wages depending on how late the pmt is. What kind of proceedings will I see at the hearing and how long might I be waiting to get paid.
What kind of punishment with the employer get for breaking the law? thanks
1 Answer from Attorneys
Re: Unpaid Vacation pay and accrual
Generally the Labor Commissioner will schedule a conference where the employer and you will meet and attempt to resolve the claim. If the claim is not resolved at the conference, and your claim is deemed to be valid by the Deputy Labor Commissioner, a hearing will be set. At the hearing you will need to prove that the vacation pay is owed and that they failed to pay it to you upon your separation after 72 hours notice. The punishment to the employer is the 30 days additional pay owed to you as a penalty for failing to pay you upon termination.
The process is not a quick one. Depending on the case load at your local office, it may be 30 days or more for a conference and several months thereafter for a hearing. Decisions are taking more than 30 days after the hearing and if the employer fails to comply with the decision an appeal can take several addition months. If not appealed, the decision becomes a judgement and can be collected as any other judgement.
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