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  1. #1
    Join Date
    Mar 2007
    Posts
    7

    Default Collecting Vacation Pay

    I am in California. I will be quiting my job of six and a half years soon.I know I will have to take my sneeky boss to the labor board. Please bear with me this is confusing. I get 2 weeks vacation every anniversery date in September. I have never taken all of my vacation, I always have at least 1 week left every year. A few years back I noticed one of my pay checks in December was larger than it was supposed to be. I told my employer they over payed me. She said that was my un-used vacation from the previous year, that it was too confusing for her to keep track of it so she paid it on the last check in December. Since then every December she has paid me my un-used vacation on the last check in December . Thats fine with me no complaints. Now, it never says vacation on the pay check anywhere- never has. It looks like it is just regular pay. I currently have not used any of my 2006 vacation but she did pay the unused vacation from 2005 in december 2006. I know she will try to say that the check was for unused 2006. I have no proof because it's never listed on the pay check .What can I do to prepare? A fellow employee has agreed to go to the board with me to say that vacation and holiday pay is never listed on pay checks. That we have to do some calculations ourselves to make sure that pay is on the checks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: collecting vacation pay

    And your question is what?

  3. #3
    Join Date
    Mar 2007
    Posts
    7

    Question Re: collecting vacation pay

    What might I need in order to prepare my case against my employer? What will the labor board be asking ? How can I prove anything with no proof except my check stubs that never show ANY vacation?

  4. #4
    Join Date
    Mar 2006
    Location
    I live here. Actually in a little area called the Knob. In Ohio
    Posts
    292

    Default Re: collecting vacation pay

    Ask for a two week vacation, collect your vacation pay and then when you go back put in your two weeks notice.

  5. #5
    Join Date
    Mar 2007
    Posts
    7

    Default Re: Collecting Vacation Pay

    Employer has never let anyone take more than 1 week at a time. I have an opportunity for a new job and would like to take it, as soon as it is offered.And ,I am not obligated to give 2 weeks notice.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Collecting Vacation Pay

    The usual consequence of quitting without notice is that you get a bad reference.

  7. #7
    Join Date
    Mar 2007
    Posts
    7

    Default Re: Collecting Vacation Pay

    I am not concerned about getting a bad reference from them. The ONLY gripe they could have would be that I didn't give 2 week notice. I have been an outstanding employee. If they bad mouthed me they better be sure it's not sladerous. They don't have to give a 2 week notice to any employee either. There is no contract or agreement to that effect. I know you might be wondering, why then I would have trouble collecting my vacation? It's a husband and wife owner of the company. When I first started there they both worked in the company. I have since taken over the wifes duties and she doesn't have to work. When I leave she will have to work. I've been there long enough to know her pretty well. She is very vindictive when she gets mad. Any advice Aaron on how to present my case to the labor board? Thanks!

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