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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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My son had been a salaried employee for over a year when he

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My son had been a salaried employee for over a year when he gave his 2 week notice. After one week of that period was over, he was told not to return. Today his paycheck was auto-deposited, and it was only for half of his normal pay. He also was owed vacation pay, although I'm not sure how many days/weeks he was expecting. Is this failure to pay his salary/vacation time legal?

Good morning Debbie,

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

Under the law, if your son's employer had a clearly written policy regarding the payment of unused vacation at termination, then the OH court will use those rules to rule whether unused vacation is payable at termination. If the employer's policy holds they will pay, then the Ohio courts have held them to it. See, e.g., Spry v. Mullinax Ford (Nov. 13, 2000).

Absent a specific policy of entitlement to accrued vacation time though, the employer does not have to pay it with the final paycheck.

Federal law holds that even an employee who is treated as a salaried exempt employee is only entitled to the pro rata payment for the days actually worked in the final paycheck. So the fact that your son worked just one of his last two weeks, and received half of his normal paycheck would seem to be legally appropriate.

The one thing that you son can do---because he was let go a week early, is that he qualifies for unemployment benefits during that week, but only for that week, if he wants to file the claim.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.

Thank you,

Doug

LawTalk and other California Employment Law Specialists are ready to help you

Thank you for your positive rating of my service, Debbie. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

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