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CA waiting time case? California

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  • CA waiting time case? California

    I believe I may have a decent waiting time case, but would like to run it by some experts before filing a claim.

    My last day worked with my employer was 5/30/11. I was asked to take an 8 week "hiatus" from the company so that my service time would not make me eligible for insurance benefits. My understanding of this process was that I would officially be terminated on 5/30 with the verbal promise of another position being available to me on or around 8/1/2011. A few weeks into this hiatus, I accepted a position with another company. I immediately notified my boss that I would not be returning. I then contacted their human resources department and asked if I had acquired any vacation time that needed to be paid out. I was told they would call back, which they never did. I called again and they said I had no vacation time accrued.

    On 5/7/2011 my former employer deposited $500 in my checking account. I called their human resources department and they said it was for unused vacation time. Would it be possible that a waiting time penalty would be awarded as a result?

  • #2
    I think you messed up the dates as your post has you receiving the money before your last day.

    You can always file, but any penalties are at the discretion of the DLSE/DOL only and unlikely if you did receive the money and almost 2 years have passed.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Originally posted by ElleMD View Post
      I think you messed up the dates as your post has you receiving the money before your last day.

      You can always file, but any penalties are at the discretion of the DLSE/DOL only and unlikely if you did receive the money and almost 2 years have passed.
      Sorry, yes I meant to type that I received the payment eleven months later on 5/7/2012. I know technically the statute of limitations on this is three years, but does the fact that I waited ten months to file a claim make it that unlikely that I will win?
      Last edited by Rgb3979; 03-10-2013, 09:09 PM.

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