California Employment Law
California Employment Law Questions Answered by Legal Experts
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You mention that you were expecting more hours for your vacation payout. Do you believe the discrepancy was simply an error in the printout? Or do you believe you had earned the vacation time?
So, in California, you are owed to be paid out for all vacation hours earned (minus those used). If you are being refused any additional time, it would be wise to go back and calculate these hours. You can also ask HR why they think you are not owed the additional three hours. If you can look at the amount owed, there is a very easy fix to this. You would simply need to make sure to make a claim with the DLSE for unpaid wages and you would get paid out the amount, as well as a waiting time penalty for every day they do not pay you.
this can be done here:
Here is more information concerning the law
Mistake is not a defense to not paying you. Paying you "more than enough" is not a sufficient reason to not pay you. Just because the system is not accurate does not mean it is not owed to you, and it will result in the waiting time penalty which is equal to a full days pay for you for every day you are not paid.
the only option where they would not have to pay you would be if there was a mistake in the printout
where you only actually earned a certain amount, and they accidentally put more.
even if they know this they wont bring it up.
however, you can mention it, and state if they don't want to do anything else, then you will file a claim with the DLSE and get waiting time penalties and liquidated damages. It may be enough to get them to look up the law and pay you.
Or you can provide them with the link I gave you about vacation law in California.
Does that fully answer your question today? If not, please do not hesitate to ask any other questions you have especially if you need clarification on anything i have said. I strive to provide excellent service, so I want to make sure that you feel you have been provided that before you leave today.
Like I said before, you can always just file an unpaid wage claim with the DLSE and they will take care of all of this for you.
Of course, if you'd rather deal with her and hopefully get paid tomorrow, that is entirely your choice.
That is why these laws exist, to protect people just like you. 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.
Have a wonderful rest of your day.
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