How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34882
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
Type Your California Employment Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

I was laid off due to the economy and slow season last July.

This answer was rated:

I was laid off due to the economy and slow season last July. The Company expected to hire me back, so they did not pay me my earned vacation time at the time of layoff. On Jan 1, 2012, the Company informed me they would not be rehiring me and paid me my vacation pay at that time. In the interim, while collecting unemployment, I did not accrue any vacation time, as our company is set up to accrue only on "hours worked". So the vacation time I was paid was earned prior to my unemployment claim.

Is the payment of my vacation hours going to affect my continued unemployment claim?

Good morning Diane,

I'm Doug, and I'm very sorry to hear of your situation.

Payment of vacation time that was actually earned as wages, before you mad your claim for unemployment, will not affect your unemployment claim. It is no different than had your employer not violated the law by laying you off without paying you all of your earned wages/vacation time. It is only when you are paid waged for future work (generally in a severance agreement) that you have a problem with unemployment.

While the money you received is income, because it is income from a time before you applied for unemployment it will not count against you.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you.
Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.

I wish you the best in 2013,


LawTalk and other California Employment Law Specialists are ready to help you

Related California Employment Law Questions