I live in California.
I turned in my 2 week voluntary resignation to my former employer on 12/31/2010 and my final day was 01/14/2011.
On 01/14/2011, I received my bi-weekly paycheck but not my final pay. I received a call on Tuesday (01/18/2011) to pick up my final check.
Now, the standard week of my company is from a Sunday to Saturday.
I worked my 40 hours from Monday through Friday and I was off on the Sunday before my final week and the Saturday after my last day,
There is a clause on the company handbook that states if an employee "no shows" for three days, they automatically quit and lose their vacation benefits. The company is stating that since I "didn't" show up to work on the Saturday after my final day until the following Tuesday(the day I received the call to get my final paycheck), I voided my vacation time.
I legally gave two weeks notice but the company does not want to pay me because I have 100 hours of vacation.
I know that in California, vacation benefits are considered wages.
What can I do to defend the contractual obligation of company to employee under California Labor Law Section 227.3 so that I get paid my vacation time? Keep in mind that I haven't signed anything stating that I accept the company's decision.
Please help me. I did what was professionally legal but I am getting tossed out.
I turned in my 2 week voluntary resignation to my former employer on 12/31/2010 and my final day was 01/14/2011.
On 01/14/2011, I received my bi-weekly paycheck but not my final pay. I received a call on Tuesday (01/18/2011) to pick up my final check.
Now, the standard week of my company is from a Sunday to Saturday.
I worked my 40 hours from Monday through Friday and I was off on the Sunday before my final week and the Saturday after my last day,
There is a clause on the company handbook that states if an employee "no shows" for three days, they automatically quit and lose their vacation benefits. The company is stating that since I "didn't" show up to work on the Saturday after my final day until the following Tuesday(the day I received the call to get my final paycheck), I voided my vacation time.
I legally gave two weeks notice but the company does not want to pay me because I have 100 hours of vacation.
I know that in California, vacation benefits are considered wages.
What can I do to defend the contractual obligation of company to employee under California Labor Law Section 227.3 so that I get paid my vacation time? Keep in mind that I haven't signed anything stating that I accept the company's decision.
Please help me. I did what was professionally legal but I am getting tossed out.