California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Hello and thank you for entrusting me to answer your question.What you describe is not legal. Since you are working in the state of California, California labor law will govern your employment. (See Sullivan v. Oracle, No. 06-56649, 2011 WL(NNN) NNN-NNNN California labor law treats accrued vacation as a "wage earned," and wages earned cannot be forfeited except for in certain extremely limited circumstances that would not apply. As a wage earned, your employer must allow you to either exhaust the vacation by taking paid days off or pay you for the accrued amount.Failure to pay out accrued vacation would give rise to a viable wage claim, which an individual in your circumstance could pursue through the Department of Labor Standards Enforcement. To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.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.Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.Very best wishes and happy holidays to you.
What if they say you could have taken your vacation you just didn't ask for it
It's not a separation of employment