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Thread: Salaried Employee Entitled to Unused Vacation Pay after Resigning California

  1. #1
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    Default Salaried Employee Entitled to Unused Vacation Pay after Resigning California

    I worked for a small company with no HR department and no written vacation policy. I was entitled to 10 days a year and used only 7 of them before I put in my two weeks notice. Today was my last day of work and I was paid fairly for my most recent pay period, however I have heard before that California law requires employers to pay for earned vacation time not taken at the time of termination, regardless of whether the employee resigned or was fired.

    According to calculations from the CA Labor Department website, I have earned 9 of my 10 given days by this point in the year. Am I entitled to two days of vacation pay based upon my calculated hourly rate, even though I was paid as a salaried employee?

    Thanks for any help!

  2. #2
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    Maybe. You have an argument. The employer is allowed to make their own argument, which likely will not agree with yours. Read the following. If you are still comfortable with your position, file a wage claim with CA-DLSE. It works or it does not. Your payment basis (salaried) is legally nothing. CA-DLSE does not care about that. Your story is fine against the rules. However the employer will likely have their own story which does not agree with yours.
    http://www.dir.ca.gov/dlse/FAQ_Vacation.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

  3. #3
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    Thank you, DAW! I figured as much. Based on my previous employer's record, I'm guessing it will be an uphill battle and it may not be worth it for just two days of pay and weeks of fighting.

  4. #4
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    I do not know about weeks of fighting. Read the factsheet and make sure that what you think are the rules are really the rules. Then you file a wage claim. The Hearng Officer will not want to drag this out a minute more then necessary. You say your thing. The employer says their thing. The HO makes the decision. Figure months for the hearing but that the hearing will go quickly once it happens.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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