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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5052
Experience:  Extensive experience representing employees and management
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I am a defendant. One of my employees that was in a management

Resolved Question:

I am a defendant. One of my employees that was in a management position and sued for back vacation pay 15 years ago. Is there a stature of limitations?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.


I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.


Do you mean the suit occurred 15 years ago. Of he's filing suit now based on something that happened 15 years ago?
Customer: replied 1 year ago.


He has filed a claim for vacation pay he did not take starting back in 1998. He was on salary & basically his own boss. I received the claim on 5 September 2013. He has recently been fired. I knew nothing about his not taking vacations since I as the owner living in Asia.


 


Basically in 1998 he was being paid for not taking vacations. I instructed him in the future he would be paid for 52 weeks of works I would not pay for vacations not taken.


 


We are a golf course construction company.

Expert:  Joseph replied 1 year ago.
Hello Jack,

He can't claim for vacation hours that are 15 years old, but he can claim those that are within the last three years.
Joseph, Lawyer
Satisfied Customers: 5052
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 10 months ago.

Joseph,

I need the statute or law # XXXXX the three year limitation mentioned
in your answer below.

I will pay as before.

Thanks Jack

Expert:  Joseph replied 10 months ago.
It's California Code of Civil Procedure Section 338(a):

338. Within three years:
(a) An action upon a liability created by statute, other than a
penalty or forfeiture.

Since the liability for unpaid vacation hours comes from California Labor Code Section 203.

And from the California supreme court, "if an employer failed to timely pay final wages
to an employee who quit or was fired,11 the employee would have had one year to
sue for the section 203 penalties but, under Code of Civil Procedure section 338,
subdivision (a) (Stats. 1935, ch. 581, § 1, p. 1673), three years to sue for the
unpaid final wages giving rise to the penalty."

See the full opinion here:

http://www.horvitzlevy.com/images/ps_attachment/attachment525.pdf
Joseph, Lawyer
Satisfied Customers: 5052
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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