Legal Question in Employment Law in California
unpaid vacation time
I let my boss know on a tues. that fri. would be my last day. He was fine about it and said I had 2 wks vac. pay coming. I called a week later to see when I would get a check and he said he wasn't going to pay me because he had to use that money to run ads for my job. Am I still entitled to that money?
3 Answers from Attorneys
Re: unpaid vacation time
That is a blatant violation of the California Labor Code, and could subject the employer to penalties of one day's wages for each day your check is late, and possibly penalties for taking an unlawful deduction from your wages.
If you have evidence of this statement, such as a voice mail message or email, you can use it to prove up wilful failure to pay, which will subject them to penalties.
You are entitled to recover attorneys fees if you hire an attorney, but it may be easier to pursue this directly through the Labor Commissioner. You can find their office listing in the State Government pages of the phone book. Good luck!
Re: unpaid vacation time
Once the vacation time accrued, it became part of your salary. Your boss cannot withhold this money from you. If the amount is less than $7500, you can go to small claims court. You can also file a claim with the labor board.
Re: unpaid vacation time
Of course you are. If he doesn't pay everything due you within 72 hours of you quitting, you are also entitled to penalties and interest, plus attorney fees if you have to bring legal action to recover. Contact me if interested in pursuing it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
