Employment Law/vacation pay

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Question
Can my former employer keep my vacation pay as a charge for company issued tools not turned in?
My state is California

Answer
Failure by an employer to provide a final paycheck within the legal time limits, regardless of what the employee still holds, can be a costly and time-consuming mistake.

Final paycheck deadlines depend on whether the employee was terminated, laid off, quit without
notice, or quit with at least 72 hours notice. A terminated employee is entitled to all final wages,including unused vacation, at the time of termination. The same applies to a layoff, unless there isa return-to-work date within the same pay period.

An employee who quits with fewer than 72 hours notice must receive a final paycheck no later
than 72 hours after notice is given. An employee who quits with more than 72 hours notice is
entitled to a final paycheck on the last day of work.

An employer may refuse to pay final wages only if the employee owes the employer money due
to gross negligence, willful misconduct or dishonesty. These often are difficult and expensive to prove.

Failure to meet a final paycheck deadline subjects an employer to waiting time penalties. This
penalty is a continuation of the employee’s wages on a day-to-day basis until the final paycheck is ready, up to a maximum of 30 days.

The employer must pay your final check including vacation pay. If he does not you can file a claim for unpaid wages with the Department of labor.

Saying that if you still have property belonging to the employer in your possession he has the right to take you to small claims court and get a judgement for the amount of the property.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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