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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11272
Experience:  Significant experience in all areas of employment law.
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I have worked for a big CO. for roughly 1.5 years, and I run

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I have worked for a big CO. for roughly 1.5 years, and I run a start up satellite in CA. I get 3 weeks vaca but I am so key to day to day operations I only took 5 days and I warned my boss, and he said he would be flexible. This CO. has never paid anybody for unused vaca, they have a use it or lose it policy, not in CA.(headquarters not in CA) when I told them I have 2 weeks left they said they would roll over 1 week, not two. Because this a start up company I am working 60 hrs a week (on a 40 hr salary situation) so this not sitting well with me.

Is it worth pursuing

Hello and thank you for entrusting me to answer your question.

What you describe is not legal. Since you are working in the state of California, California labor law will govern your employment. (See Sullivan v. Oracle, No. 06-56649, 2011 WL(NNN) NNN-NNNN California labor law treats accrued vacation as a "wage earned," and wages earned cannot be forfeited except for in certain extremely limited circumstances that would not apply. As a wage earned, your employer must allow you to either exhaust the vacation by taking paid days off or pay you for the accrued amount.

Failure to pay out accrued vacation would give rise to a viable wage claim, which an individual in your circumstance could pursue through the Department of Labor Standards Enforcement. To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Very best wishes and happy holidays to you.

Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

 


What if they say you could have taken your vacation you just didn't ask for it

That is not an excuse. If any accrued vacation is left over upon an employee's separation of employment, it must be paid, regardless of whether the employee "could have" taken it.

Please let me know if I can provide any further assistance.

Best wishes.
Customer: replied 3 years ago.

 


It's not a separation of employment

Separation of employment is just a generic way of referring to the end of any employment relationship. My use of the phrase has no particularly significant legal meaning. I hope that helps clarify.

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