Legal Question in Employment Law in California
I worked up until the 31st of this month after giving my two weeks. My employer will only pay me 2 out of the 10 vacation days that showed on my time cards saying the reason is I only worked 2 months this year (which is incorrect) and only accrued the 2 days. My store manager called me on the 29th and told me not to worry about coming in the next two days and they will still pay me, however when I received my pay check those days were not on there. I had spoke to HR that Monday and informed her and she knew they said they would pay me out. My question is shouldn't they have to pay me out on the 10 days of vacation? If what they are saying about the 2 month 2 days vacation is correct shouldn't I get 3 since I worked until the last day of the third month? What should I do about not getting paid the 30th and 31st? I was willing and ready to work and they told me not to and also told me they would pay me.
2 Answers from Attorneys
No employer must provide paid vacation or Paid Time Off (PTO), but if they choose to do so, they can determine how/when vacation or PTO is earned. Once you earn it according to their policy, they can't take it from you. You will need to read their vacation policy/employment manual, etc. to determine if you earned more than the 2 days they want to pay you for. If you believe you are owed more than what they paid you, you may be entitled to that pay plus one day's pay for each day you have to wait to get it - up to 30 days and the employer "shall" pay your attorney's fees if they "willfully withheld" it from you. After you give notice, an employer is free to fire you if you are an at-will employee. If they told you they would pay you for the 2 days, you can claim a breach of an oral contract and possibly get those 2 days.
Your claim to pay for the days you did not work is probably weak. You may have an argument that there was an oral agreement on that, but the fact is, you did not work those two days. As for the vacation time, it all depends on the employer's policy.
I guess if you want to try and hold up your former employer for wages that you did not earn, you might be able to get something and I am sure you will be able to find an attorney that will help you do that.
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