Legal Question in Employment Law in California
vacation pay after seperation/termination
worked 2 year 2 months took 1 vac 1st year 1 week #2 year no vac no pay another employee took his 2 week he was ther 2 months before me/also possible wrong full termnation need attorney help
3 Answers from Attorneys
Re: vacation pay after seperation/termination
If you can provide us with more specific facts regarding your wrongful termination claim, we may be able to assist you legally. For a free phone consultation, contact us directly this week.
Re: vacation pay after seperation/termination
In California, your vacation pay is part of your salary, and a "use or lose it" policy is illegal. You are entitled to either receive the time off, or the pay for the time off.
As for the potential wrongful termination issues, we would need to speak with you regarding the facts surrounding you potential claim as wrongful termination is generally a difficult claim on which a plaintiff can prevail. Also, you should know that you have only a limited time to prosecute your claims, and you should contact an attorney immediately to receive advice regarding these and potentially other issues. If you would like to email me with your contact information, perhaps we can discuss these issues further.
Re: vacation pay after seperation/termination
You can file a claim for the unpaid compensation with the Labor Commissioner. If the amount in issue is enough to justify hiring an attorney to represent you in the hearings and trial, feel free to contact me to discuss. If the firing was simply 'unfair', there is little basis or value to a wrongful termination claim. Only if the firing was illegal, such as discrimination or whistle blower retaliation, would it have any real value. If it does, contact me.