Legal Question in Employment Law in California
Vacation payout upon resignation
Recently I resigned my position and gave the typical two weeks notice. I then started to get all my papers in order to make sure everything would go smoothly.
My most recent paystub states that I have 96 hours of vacation available to take. I recently took 16 hours so subtracting that I figured on having 80 hours of vacation paid out to me.
Not so according to the payroll coordinator. According to the payroll coordinator I have only 76.03 hours ACCRUED and mine the 16 hours will only get paid out for 60.03 hours of vacation.
Reading the only official documentation I have showing me my vacation time - my paystub states I have 96 hours that I could request as time off that day. To me that is an earned and vest balance that upon resignation I should get paid for but according to their math I won't.
What are my options?
Thank you for your time.
2 Answers from Attorneys
Re: Vacation payout upon resignation
Yos should request a review of all available records to determine vacation accrual and usage. If they can't prove to your satisfaction that 60.03 hours is the correct figure, you can file a claim with the labor commissioner and request payment for the unpaid vacation pay as well as penalties and interest.
Re: Vacation payout upon resignation
If you have valid documentation as you indicate, file a claim with the labor board.
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