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Vacation Pay Prorated wrong California

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  • Vacation Pay Prorated wrong California

    Hi, I'm new here so I hope I am posting this in the right place. I am giving notice tomorrow to my employer that I am accepting another job. I have 3 weeks vacation coming to me. I am an onsite community manager for an apartment commuity. The lady who does our payroll has always calculated everyones pay wrong upon termination. Since I live on site she will calculate my last check and vacation pay wrong. She bases our salary on a 30 day pay period even though we work the standard work week and she then will divide my salary by 30 and pay me for 15 days vacation pay. This will also be the case with my final paycheck also. Am I wrong? I think this is totally wrong for her to calculate this way. I don't work 30 days per month. If I am wrong where can I get proof she is doing this wrong so I can get my correct pay? Thanks, any help appreciated.

  • #2
    What does the policy say and what is the vacation benefit (how much per year of service), and how long have you worked there?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      My onsite agreement states I work 40 hours per week. I have worked for the company 4 years.

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      • #4
        And I am owed 3 weeks vacation. No discrepency there.

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        • #5
          If you are due three weeks vacation (no question about it) and your employer fails to pay this to you upon discharge, you may pursue waiting time penalties against your employer - one full day of extra pay (up to a maximum of 30 days) for each day she didn't pay you. You can read more about waiting time penalties here http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm
          Barry S. Phillips, CPA
          www.BarryPhillips.com

          IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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          • #6
            Then you are owed 3 weeks' of salary, from what I can tell (your monthly salary times 12 divided by 52). If you don't get that with your final check, you can file a claim with the Division of Labor Standards Enforcement.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Thanks for your help.

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