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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32153
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I have been the Branch Manager for Dachser Transport Inc. in

Resolved Question:

I have been the Branch Manager for Dachser Transport Inc. in Los Angeles for the last + 2 years. The company terminated my employment and provided me with a 3 month notice as per my contract.
In my job duties I had to manage the branch and support and do sales and therefore was paid a car allowance.
When terminated the company released me from my job duties so that I do not have to work during the 3 month notice period.
During the 3 month the company is not willing to pay for the car allowance anymore, they just want to pay for the base salary.
I also have open vacation and sick days which I did not use. The company is only willing to pay for the vacation days but not for the open sick days.
Do I have any right to claim for the car allowance and unused sick days?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Tina replied 3 years ago.
Thank you for contacting Justanswer.com.

Does your contract indicate you are entitled to a 3 month notice, during which you would still work for the company and receive your regular rate of pay and other benefits?

Customer: replied 3 years ago.
My contract is stating a 3 month notice in which I would have to work. In this case the company decided to relieve me from my job duties during the 3 month notice period. Currently I'm home receiving my regular salary and health benefits.
Expert:  Tina replied 3 years ago.
I see.

Then the company should continue all benefits provided for under the contract during the notice period.

Under state law, they are not required to pay you for your unused sick days though as those are specifically designed for use if you are sick. Vacation must typically be paid upon termination as well as all other compensation due you.

If they do not provide the car allowance as required under the contract, you could sue in small claims court for breach of contract.

Good luck and take care.

Tina

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Tina, Attorney
Satisfied Customers: 32153
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
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