Failure to Pay for Unused Vacation at Termination

by | Jul 8, 2020 | General Employment Law

California employees have no right to vacation pay.  BUT if your employer offers you vacation pay, the employer cannot later take away vacation hours you’ve earned.  That means that “use it or lose it” vacation policies are illegal in California.  A “use it or lose it” vacation policy means employees lose vacation hours that aren’t used in a certain time period, usually a calendar year.  If you’ve lost vacation hours to a “use it or lose it” policy, your employer may owe you money.

Your employer should also pay you all wages due, including unused vacation hours when you leave your job.  California law provides a penalty of up to 30 days wages for employers who fail to pay their employees all wages due, including unused vacation, at termination.

If you believe your employer has failed to pay your all wages due at termination, the Law Offices of G. Samuel Cleaver can help.  E-mail or call 323-648-6676 for a free consultation.