California Employment Law
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Thanks for the quick response Patrick. As a follow up question, what about the years previous to 2005 of which I do not have records but know that I had given up at least a week for the previous 5 years? How do I prove that or is the burden of proof on the employer?
Ted,Thank you very much for your reply. Labor Code 1174 requires employers to maintain payroll records going back three years. If your employer failed to keep such records and your claim pertained only to accrued vacation earned during that period of time, the burden would fall on them to prove that your vacation wasn't earned.However, if an employer complies with their record keeping obligations and/or the claim for unpaid vacation extends beyond three years, the employee bears the burden of proof as they would in any other civil action."Proof" can take a number of different forms and is not strictly limited to physical documents. If you can show that it was your employer's common practice to provide a certain number of vacation days, or if you can point to more recent records, emails, or letters which reference pre-2005 vacation, that would be admissible. Of course your personal testimony is admissible as well, as is the testimony of current and former employees. All these things are relevant and the question as to precisely how much vacation you have accrued is a question of fact for a judge or jury to decide in conisderation of all the evidence.Please let me know if I can provide any further clarification. It will be my sincere pleasure to do so if necessary.
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