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Vacation Pay After Termination? (Employment & Labor Law)

Tue, 07 Oct 2008 20:36:00 GMT

What is the name of your state (only U.S. law)? California
I was recently laid off. I was told I would receive a check, for legal reasons they said they could not direct deposit it. I took this to mean I was receiving severance pay. A check for the two weeks I just worked was deposited via direct deposit the next day.
Today I picked up a certified letter at the post office from my employer. In it was simply a duplicate stub for the check that was deposited via direct deposit. We receive on of these every time we are paid.
I know under California law they are not required to give me severance pay. But they did say a check was forthcoming. They laid me off in front of a witness (another employee) and an attorney. I guess its my word against theirs that they promised me a check.
Also, I have a contract that says I am entitled to two weeks of accrueing vacation time a year. Are they required to pay me for these days if I have used none of them?
Please help.

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  • Tue, 07 Oct 2008 20:46:00 GMT(1)
  • You are entitled to payment for the time you worked, which you received.
    How much vacation had you accrued since you started working or since the beginning of the year? That is how much you are entitled to.
  • Wed, 08 Oct 2008 08:44:00 GMT(2)
  • They said they'd give you a cheque, and they did. They didn't say anything about severance pay, and that's why you didn't get severance pay. You cannot sue them for severance pay because you cannot base a lawsuit on your own personal misinterpretation of something they didn't actually say to you.
  • Wed, 08 Oct 2008 09:24:00 GMT(3)
  • Further to your vacation, with rare exceptions where there is an "up-front granting" of vacation, vacation in California is vested as earned and it is earned as the time is worked.
    So, with 2 weeks of vacation per year, assuming 4 hours per week, that's 8 hours. 8 hours divided by 12 months is 6.67 hours per month. And let's assume you were employed for 1 months of the accrual year. They only owe 66.67 hours, not 8 .
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