Legal Question in Employment Law in California
unpaid vacation time
I left my place of employment seven months ago after 25 years to become self-employed. As of this date, I have not received my vacation pay. I have gone back and forth with my ex-employer with regards to this, being told they would issue a check, but still nothing. After seven months, am I still able to file a complaint with the Labor Commissioner and collect interest and penalties, and if so, what kind of interest and penalites can I expect to receive?
3 Answers from Attorneys
Re: unpaid vacation time
For regular pay, I know that the the labor board can award a penalty of up to an additional 30-days of wages for a wilfull failure to pay. I don't remember if this also applies to vacation pay. The interest rate would be 10% and the staff and the labor commisioner's office are usually helpful in assiting you fill out the necessary forms.
Re: unpaid vacation time
It's not too late to file a claim with the California Labor Commissioner's office. Actually, you have up to three years to file a claim but it is better to file sooner rather than later, while memories are fresher and evidence more readily available. The penalties are a maximum of thirty days pay if the employer "willfully" fails to pay. Interest is a simple 10% of the amount that would have been due on your last day of employment.
Re: unpaid vacation time
Just file and get on with the process.
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