Employment Law/vacation pay


A friend of mine is working as a full time date entry clerk in an accounting company in oakland, california.  When the company hired her they mention no vacation hr would be given and she was fine with that.  Several years later, she noticed vacation hr showed up in her pay stubs and she thought the company was finally going to reward her hard work.
When she asked her manager about taking a vacation using her hrs, the manager told her the account system was mistaken, she had no vacation at all.  Vacation hr was immediately taken out from her pay stubs after she spoke to her manager. My friend felt this is not a system error because the vacations hr had been shown on her pay stubs for almost 2 yrs.
When she confronted her manager again, she was told the company do not offer vacation to employee at all.  My friend knows this is a lie because her co-workers have taken vacation using their hrs but no one would stood up for her, she feel the company is taking advantage of her because she does not speak fluent english.  
Is there anything she can do to get vacation back?? thank you

Min -- There is nothing in state or federal law that requires vacation time for employees, so she has nothing on which to base a claim for vacation days.  If she really believes that other employees doing her same job are receiving vacation time, she should ask Human Resources for an explanation of company paid time off policy.  If HR confirms she is not entitled to paid time off, then that's her answer.  If they say otherwise, she should enlist their help with her manager.

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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