I’m sorry to hear about the layoff. The loss of a job can be very stressful, and normally leaves the former employee with a lot of issues to consider, such as obtaining a new job and health insurance. In many cases, your former employer will provide you with a severance package and will pay you for your unused vacation days. You may also qualify for unemployment compensation which can help with you financially for a period of time.
However, some employers refuse to compensate employees for their unused vacation days when they are laid off or fired. Under federal and California law, vacation pay is not required. If an employer does provide you with vacation days, they are not legally required to compensate you. Many employers do offer paid vacation days to employees as part of their employment package. Normally, the employer offers a set number of days per year, or bases the days off on the number of hours or days worked.
Under California law, if your employer has agreed to pay you for vacation time, it is illegal to refuse to pay it. When you leave a job, either because you have quit or are laid off or fired, you must be fairly compensated for your time spent on the job, which includes all the vacation benefits to which you are entitled. Legally, vacation benefits are considered a part of your compensation, and employers are not allowed to take away time that you have earned, or refuse to pay it out.
If you have been laid off or fired in California, and your former employer is refusing to pay your unused vacation time, it may be time to speak with an attorney. Call me, Conal Doyle, Los Angeles employment law attorney, at 310-385-0567. My team can help. Call today to learn more or to schedule your free consultation.