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
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
15277592
Type Your California Employment Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

I HAVE WORKED FOR THIS COMPANY NOW FOR ALMOST 7 YEARS NEVER

Resolved Question:

I HAVE WORKED FOR THIS COMPANY NOW FOR ALMOST 7 YEARS NEVER TAKEN VACATION HOURS UNTIL THIS YEAR! MY BOSS FIRST TOLD ME THAT I HAVE 5 YEARS TIME SHE WANTS ME TO START TAKING BECAUSE IF I EVER QUIT ON HER SHED HAVE TO PAY ME ALL THIS MONEY! THEN SHE TELLS ME....WHEN I ONLY WORKED FOR HER FOR A YEAR I WAS IN A CAR WRECK N TORE MY ROTATOR CUFF N SEPERATED MY SHOULDER N COULDNT WORK FOR ALMOST A YEAR.....SHE SAYS....THEY TOOK ALL MY VACATION PAY FOR THAT ? I ONLY HAD ONE WEEKS VACATION SAVED AT THAT POINT N THEN SDI KICKED IN! HOW CAN SHE TAKE MY VACATION PAY THAT I HADNT EVEN ACCUMALATED YET? N MY VACATION PAY SINCE THEN IS ALL MESSED UP?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning Vickii,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The simple fact is that your employer cannot take your future vacation pay for time that you were out on disability years ago. That is illegal.

They may charge you for accrued vacation time if you are out on FMLA leave. But they may only use the leave that you have accrued up to that time.

As your employer has clearly taken an earned benefit from you that they have no right to do, you may take a couple of actions.

1. You can file a formal complaint with the Department of Labor. Here is a link to a site that will assist you in getting this formal complaint on file:

http://www.dol.gov/wecanhelp/howtofilecomplaint.htm

Many employees opt to file a complaint with the DOL first, as it costs nothing and the DOL may be able to quickly persuade the employer to fix the situation in the event the DOL believes that the employer is not in compliance with the FMLA.

2. You may also sue the employer for your vacation time back.

You clearly have a meritorious claim against the employer. I wish you success.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 2 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Good evening Vickii,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug
Customer: replied 1 year ago.


Thank you Doug....I have a meeting with my Boss on this Tuesday. Hoping to get this all straightened out? She told me today when I turned in my Time sheet....That I do have some leave But, not Much? But, she has NOT gave meee any this Vacation Time as of Yet? Im hoping I can get this straightened out! FAST? Thank You Sooooo Much!!!

Customer: replied 9 months ago.


Well,


 


My boss is still telln meee I have no Leave! N Now I have noticed on my pay stubs....an ADVANCE?? I have NEVER taken an ADVANCE! EVER!!! What is she doing? Im getting verrrry FRUSTRATED with her!!! S h also had me sign some papersat nowsays I wont get REG OVERTIME after 8 HRS...THAT OUR CAREGIVING COMPANY has different rules to follow from the State? WE are COMFORT KEEPERS... .Caregivers to elderly or whoever needs care! Is that legal? She tells me...I have to work 9 hours to get overtime not 8 hours? Is all that legal?? UGH

Expert:  LawTalk replied 9 months ago.

Good morning Vickii,

You wrote: My boss is still telln meee I have no Leave! N Now I have noticed on my pay stubs....an ADVANCE?? I have NEVER taken an ADVANCE! EVER!!! What is she doing? If you have been charged with an advance, and you have never taken one, it follows that it must either be a mistake, or a deliberate attempt to falsify your employment records. I wouldn’t pretend to know which it might be. You have the right to demand proof of the advance, when you allegedly took it and proof of the advance actually being made to you.

Your issue about overtime is a new and distinct issue and question from your original question about overtime laws.

As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. For new questions, the customer is asked to open a new question thread. I am required to ask that you place these new questions in a new thread, as is required by JustAnswer. I do sincerely apologize for any inconvenience this might cause you.

You may ask for me personally by referring to me by name (Doug) in your new question and I will be able to assist you. As the questions that you are posing are new, I am required to ask you to please open up a new question thread for them. Thank you for your understanding.

I wish you the best in 2014.

Doug

Customer: replied 9 months ago.

Hi Doug,


I want to Thank You Soooo Much! I have sent a letter to the State Labor Board & told them what she is doing! Im hoping to hear from them real soon! Once again....Thank You!


 


Vickii G.

Expert:  LawTalk replied 9 months ago.
Best of luck with your Labor Board complaint! Have a great weekend,

Doug
Customer: replied 9 months ago.


Thank You! I hope all goes well ? Thank You foir being so Prompt in answering my questions! Have a Great 2014!


 


 


Vickii G.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    869
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3602
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.