Legal Question in Employment Law in California

Re: vacation pay after termination

Your message raises many issues. First, with respect to correct classification and overtime exemption, many rules exist in this area requiring more information from you. For a short analysis see our website at http://www.righettilaw.com.

Secondly, with respect to your six month period, did you have an employment agreement or were you an "at will" employee? Also, were you hired on a "probation" period for the first six months?

Next, if the job stated "paid vacation" what terms were stated? Is there a written vacation policy and is there a written probationary or waiting period before acruing vacation? If not, does the employer have an established policy to provide paid vaction to employees? If so, that becomes the policy. Absent a waiting period, and with an established policy of paid vacation, the employer owes prompt payment upon separation, prorated on a daily basis.

Lastly, taking longer lunches and "staying later" to make up for it is not permissible, just as is missing lunches and leaving early, absent a written agreement between the employer and the employee.

If you need any further information, please feel free to contact me.