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CA: accrued vacation payout on term California

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  • CA: accrued vacation payout on term California

    I have worked for employer approximately 15 years and was recently given a pay decrease and layoff notice effective this week

    My accrued vacation (over 200 hours) was earned at the higher salary and I expect to be terminated or resign shortly. Is there grounds to require that my accrued vacation be paid out at the higher salary rate on my termination?

  • #2
    Ca. -Unless a CBA provides otherwise, all vested paid vacation time provided by a contract of employment or employer policy that isn't yet taken on termination must be paid to the employee as wages at the employee's final rate.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Just a thought, but if the change in pay rate and layoff notice occur at the same time, an argument could be made that this is the sort of violation discussed by the Suastez decision. Arguably otherwise all employers would just change all employee's pay rate to MW immeadiately prior to termination to reduce their liability.

      File a wage claim with CA-DLSE. It works or it does not. (No sure thing here).

      ------

      Past that, DO NOT RESIGN, make them fire you. If you resign, you risk UI and the COBRA subsidy.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        I started to say that, DAW - that the recent pay decrease & then lay off seems suspicious but then I didn't. I wasn't positive pay decrease was just to pay less vacation pay if any empoyees "terminated."
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Look at it from the other side if you were just given a pay INCREASE and then quit would you want the vacation to be paid at the lower rate?

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