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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37666
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I HAVE WORKED FOR THIS COMPANY NOW FOR ALMOST 7 YEARS NEVER

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I HAVE WORKED FOR THIS COMPANY NOW FOR ALMOST 7 YEARS NEVER TAKEN VACATION HOURS UNTIL THIS YEAR! MY BOSS FIRST TOLD ME THAT I HAVE 5 YEARS TIME SHE WANTS ME TO START TAKING BECAUSE IF I EVER QUIT ON HER SHED HAVE TO PAY ME ALL THIS MONEY! THEN SHE TELLS ME....WHEN I ONLY WORKED FOR HER FOR A YEAR I WAS IN A CAR WRECK N TORE MY ROTATOR CUFF N SEPERATED MY SHOULDER N COULDNT WORK FOR ALMOST A YEAR.....SHE SAYS....THEY TOOK ALL MY VACATION PAY FOR THAT ? I ONLY HAD ONE WEEKS VACATION SAVED AT THAT POINT N THEN SDI KICKED IN! HOW CAN SHE TAKE MY VACATION PAY THAT I HADNT EVEN ACCUMALATED YET? N MY VACATION PAY SINCE THEN IS ALL MESSED UP?

Good morning Vickii,

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

The simple fact is that your employer cannot take your future vacation pay for time that you were out on disability years ago. That is illegal.

They may charge you for accrued vacation time if you are out on FMLA leave. But they may only use the leave that you have accrued up to that time.

As your employer has clearly taken an earned benefit from you that they have no right to do, you may take a couple of actions.

1. You can file a formal complaint with the Department of Labor. Here is a link to a site that will assist you in getting this formal complaint on file:

http://www.dol.gov/wecanhelp/howtofilecomplaint.htm

Many employees opt to file a complaint with the DOL first, as it costs nothing and the DOL may be able to quickly persuade the employer to fix the situation in the event the DOL believes that the employer is not in compliance with the FMLA.

2. You may also sue the employer for your vacation time back.

You clearly have a meritorious claim against the employer. I wish you success.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

LawTalk and other California Employment Law Specialists are ready to help you
Good evening Vickii,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug
Customer: replied 3 years ago.


Thank you Doug....I have a meeting with my Boss on this Tuesday. Hoping to get this all straightened out? She told me today when I turned in my Time sheet....That I do have some leave But, not Much? But, she has NOT gave meee any this Vacation Time as of Yet? Im hoping I can get this straightened out! FAST? Thank You Sooooo Much!!!

Customer: replied 3 years ago.


Well,


 


My boss is still telln meee I have no Leave! N Now I have noticed on my pay stubs....an ADVANCE?? I have NEVER taken an ADVANCE! EVER!!! What is she doing? Im getting verrrry FRUSTRATED with her!!! S h also had me sign some papersat nowsays I wont get REG OVERTIME after 8 HRS...THAT OUR CAREGIVING COMPANY has different rules to follow from the State? WE are COMFORT KEEPERS... .Caregivers to elderly or whoever needs care! Is that legal? She tells me...I have to work 9 hours to get overtime not 8 hours? Is all that legal?? UGH

Good morning Vickii,

You wrote: My boss is still telln meee I have no Leave! N Now I have noticed on my pay stubs....an ADVANCE?? I have NEVER taken an ADVANCE! EVER!!! What is she doing? If you have been charged with an advance, and you have never taken one, it follows that it must either be a mistake, or a deliberate attempt to falsify your employment records. I wouldn’t pretend to know which it might be. You have the right to demand proof of the advance, when you allegedly took it and proof of the advance actually being made to you.

Your issue about overtime is a new and distinct issue and question from your original question about overtime laws.

As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. For new questions, the customer is asked to open a new question thread. I am required to ask that you place these new questions in a new thread, as is required by JustAnswer. I do sincerely apologize for any inconvenience this might cause you.

You may ask for me personally by referring to me by name (Doug) in your new question and I will be able to assist you. As the questions that you are posing are new, I am required to ask you to please open up a new question thread for them. Thank you for your understanding.

I wish you the best in 2014.

Doug

Customer: replied 3 years ago.

Hi Doug,


I want to Thank You Soooo Much! I have sent a letter to the State Labor Board & told them what she is doing! Im hoping to hear from them real soon! Once again....Thank You!


 


Vickii G.

Best of luck with your Labor Board complaint! Have a great weekend,

Doug
Customer: replied 3 years ago.


Thank You! I hope all goes well ? Thank You foir being so Prompt in answering my questions! Have a Great 2014!


 


 


Vickii G.

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