about unused vacation pay in Ca?
Sertãozinho Question
about vacation pay in California?
i currently work for a company based out of michigan, but the center im at is in northern california.
recently got a job offer elsewhere and accepted. unfortunately im not giving them a formal "2 week" notice.
i was reviewing their company handbook, and it states "if the employee does not give a proper 2 week notice, your vacation pay is automaticly forfeited"…i have 70 hours unused….
my question is, is there an exception to this policy since im in the state of California?
~thanks
Technorati Tags: company handbook, job offer, northern california, quot, state of california, vacation pay
2 Responses
michr
19 Jul 2011
the kid
19 Jul 2011
No, there is not an exception. Policy is clearly stated in the handbook.
You screw them, they screw you. Very simple.
you are employed in CA, they must follow CA law, and in CA vacation is considered earned wages it MUST be paid out regardless of policy (only exception is if a CBA specifically addresses the issue)….. there have been a few instances where the policy states misconduct as grounds for non-payment but a policy of no notice is NOT valid as it is contrary to CA law….
since CA is an "at-will" state policies can NOT be enforced that violate the employees rights under "at-will" employment……
CA Labor Code 227.3
Unless otherwise provided by a collective-bargaining
agreement, whenever a contract of employment or employer policy
provides for paid vacations, and an employee is terminated without
having taken off his vested vacation time, all vested vacation shall
be paid to him as wages at his final rate in accordance with such
contract of employment or employer policy respecting eligibility or
time served; provided, however, that an employment contract or
employer policy shall not provide for forfeiture of vested vacation
time upon termination. The Labor Commissioner or a designated
representative, in the resolution of any dispute with regard to
vested vacation time, shall apply the principles of equity and
fairness.
see the following:
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=200-243
and
http://www.dir.ca.gov/dlse/FAQ_Vacation.htm
and
http://www.dir.ca.gov/dlse/FAQ_Paydays.htm