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Mr. Disgruntled
04-05-2006, 08:20 PM
Hi!
I live in California. It's been about 7 months since I was initially laid off by my employer. I was a W2 and asked for my vacation pay for a month and a half before finally being paid. I have since worked for them on other projects at lower rate, simply because I couldn't refuse any work as long as I was on employment. Now I can't go back on unemployment because I worked for them as 1099.
I just found out about the penalty employers have to pay if they don't pay your vacation pay the day you leave. I was wondering if that is still valid in my case. Can I still collect that penalty even though they paid my vacation pay and I've agreed to work for them again?
Thanks for your help!

mtracy
04-05-2006, 09:27 PM
Going back to work for them would not eliminate that claim. In general, the claim can go back 3 years so I don't really see a problem with it.

Mr. Disgruntled
04-06-2006, 10:48 AM
Great! Thanks for your help and the quick response!!

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