Legal Question in Employment Law in California
Vacation payout from Chicago based company
My company offers 3 weeks paid vacation at the beginning of the year. I have been allowed to take all 3 weeks in January or December or spread it throughout.
I just gave notice and they are saying I have only accrued 5 days and will not pay me for the remainder of time granted on January 1. Are they obligated to pay me for all unused days? The company is based in Chicago and I work in California.
1 Answer from Attorneys
Re: Vacation payout from Chicago based company
It makes no difference where the company is based. If you work in California, they are subject to California law. California law requires that employers pay all accrued vacation pay on your last day of employment, if you gave more than 72 hours notice. Accrued vacation pay is vacation pay already earned according to company policy. Failure to pay timely subjects the employer to waiting time penalties, which is the equivalent of a day's pay, for every day they are late, up to a maximum of 30 days. The best place for you to go is to the California Labor Commissioner's office, or contact a labor law attorney near you.
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