Got fired right after my vacation. Can I still get paid for the time I was on vacation?
Peg asked:
I work for a small company in CALIFORNIA and there is no employee handbook setting the policies on whether the employee gets paid on vacation or how the employer can discharge employees. I did, however, asked my boss before I left for my vacation to see if I’d get paid during the days I was on vacation. He told me he’d pay me out of his own pocket and not from company payroll because he does not want his wife to find out (his wife is very stingy). So I went on my vacation this whole time thinking that I’d get paid one way or another for the time I was gone.
I work for a small company in CALIFORNIA and there is no employee handbook setting the policies on whether the employee gets paid on vacation or how the employer can discharge employees. I did, however, asked my boss before I left for my vacation to see if I’d get paid during the days I was on vacation. He told me he’d pay me out of his own pocket and not from company payroll because he does not want his wife to find out (his wife is very stingy). So I went on my vacation this whole time thinking that I’d get paid one way or another for the time I was gone.
Today’s Friday, I just came back from my 2.5 week vacation and was planning to return to work the following Monday. To my surprise, my boss’ wife just called my cell phone right after I got back home from the airport and said I don’t have to go to work anymore.
What are my rights here? Am I still entitled to get paid for the days I was on vacation?
Thank you for your kind response. I do not intend to return to work after they just screwed my life. I could’ve had a longer vacation if I knew this was gonna happen. I just want to know if I am still entitled to get my money for the the time I was gone and how do I get the money?
call the Department of Labor in your state. firing by cell phone is not right (unless you work for a temp agency, and they just screw around with your life, anyway). You need to know the labor laws in CA on that one.
This sounds like a family problem,not an employer. I would call whoever owns the business and see about getting the job back or looking at a severance package. This seems like a business with no fut re. How can you trust them? Maybe it was what you needed to find a more reliable employer.
You are probably depending on the good nature or conscience of you boss as to whether you get paid. Unless you had a contract with the company it was probably an ‘at will’ arrangement. I really would suggest you check out the businesses and their backgrounds before you jump into another job. Employment is two way. Just because someone may hire you, does not mean it is a good place to be.
well since your boss was going to pay you out of his pocket I really don’t think you will. Go to your ex boss and find out why you were fired. and ask him if he still is going to pay you. good luck.
California law requires employers to pay out any accrued vacation time to an employee immediately upon termination, regardless of the reason for termination. The state of California is very generous to their employees and will side with the employee over the employer for most cases.
You should contact your employer and demand they pay you, otherwise you need to contact an attorney and they will take care of it for you immediately.
My husband has worked for a family business for 21 years. His father retired this year and decided that only one of the 2 sons can be president so he chose the older son (5 years older). This son is a drug addict, high school drop out, refuses to ever have meetings and both parents are aware of these serious issues. The family wanted to keep peace so they gave the title to the older brother because he demanded it. My husband (the younger brother wanted equality). He is college educated and didn’t feel the need for the “title” so he let it go. Up until now, their salaries were equal. Now the older brother claims he does more and demands his salary be higher than his brother. He has also stated that he didn’t want to be partner with his brother. When my husband spoke up, his father was angry as things were said and decided to take away any raise he previously offered (1/2 of what he gave the older brother). Furthermore, he is now deducting 2 days of pay for taking 2 days off. He has taken 11 days vacation this year and 5 sick days. There is no company handbook and no contract to go by. It is clear the father is acting on emotion, but does my husband have any right at this point other than to walk away from a business he built the last 21 years? Please use my email to respond. What does Ca. Labor law say?