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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I am a long term (20+ years) employee of a company. 15 years

Resolved Question:

I am a long term (20+ years) employee of a company. 15 years of that employment were in California where I accurred 160 days of vacation before my company introduced an accural cap of 10 days. That cap was put in about 7 or 8 years ago. At that time the company recorded the accural amount and said it was recoginzed. Of course - no documentation was kept of the event.

I moved out of the state four years ago. I am being let go at the end of this year - eliminating my position. Although they haven't said it directly to me they told another employee that moved of the state of California with vacation days owed - you lost the vacation once you move out of the sate. They have also made statements to other long term employees that there is no recogiinition of old vacation days earned prior to the cap.

Two questions - Is vacation earned prior to the implementation of a vacation cap stillowed? Do you lose vacation time once you move out of state?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

In which state do you work for the company?

Customer: replied 4 years ago.

I currently work in Texas.


Work History:

1990-93: CA

1994-95: NV

1996-2007: CA

2008-10: TX

2011: TX


All with the same company.

Expert:  Tina replied 4 years ago.
I see.

This is a choice of laws issue and CA law would not typically apply to your situation at all since the law of the state where you work at the time of termination would apply.

Since you work in TX, the other states would not normally intervene in the situation and it would be irrelevant where you worked when the vacation days were originally accrued normally.

Based on TX law, the employer's policy communicated to the employees would normally apply to determine what compensation you are entitled to receive for the accrued but unused vacation days.

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