What if written Vacation Policy is silent on "calculated payout" ? California

[Bjmn]

Sorry, I posted this New Question earlier and erroneously in the middle of someone elses thread. My Bad

In California: I am paid Salary+Commission+Bonus. Our Vacation Policy is published in our online Employee Manual and only addresses the Number of Vacation Days which may accrue based upon one's years of service. It does NOT address how much vacation pay will be paid out.

The company has been paying Salary Only Vacation Pay for the past 3 years. This represents only about 25% of my total daily wages (salary, comm, bonus) as averaged over the past 3 years. Am I entitled to be compensated for additional vacation pay equal to the full "average daily wage" for the past 3 years?

[DAW]

The rules for vacation in CA can be found in the factsheet and CA-DLSE manual. The chances they will be sufficiently specific are not good. Just file a wage claim. It works or it does not. If the employer has an unclear policy, that does not necessarily (or probably) benefit the employer. I can say that vacation/PTO is legally vested in CA, period. If the employer creates a vacation policy, then vacation legally vests, and any unused balance legally must be paid out upon termination. If the policy is written in such a way that the balance cannot be determined, then legally the payout is still required, the only question is how much. File a wage claim, and put CA-DLSE in play.

http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

http://www.dir.ca.gov/dlse/Manual-Instructions.htm