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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was laid off due to the economy and slow season last July.

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I was laid off due to the economy and slow season last July. The Company expected to hire me back, so they did not pay me my earned vacation time at the time of layoff. On Jan 1, 2012, the Company informed me they would not be rehiring me and paid me my vacation pay at that time. In the interim, while collecting unemployment, I did not accrue any vacation time, as our company is set up to accrue only on "hours worked". So the vacation time I was paid was earned prior to my unemployment claim.

Is the payment of my vacation hours going to affect my continued unemployment claim?

Good morning Diane,

I'm Doug, and I'm very sorry to hear of your situation.

Payment of vacation time that was actually earned as wages, before you mad your claim for unemployment, will not affect your unemployment claim. It is no different than had your employer not violated the law by laying you off without paying you all of your earned wages/vacation time. It is only when you are paid waged for future work (generally in a severance agreement) that you have a problem with unemployment.

While the money you received is income, because it is income from a time before you applied for unemployment it will not count against you.

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I wish you the best in 2013,


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