“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure you do also. I always use plain English, with no sugarcoating, no lawyer talk, no double talk. Just the way that I would want it.” California Vacation Time Class Action Lawyer - Bill Turley
California Vacation Time & Collective Bargaining Agreements (Labor Union Contracts)
Under California law, if you quit or are fired, your employer must immediately pay you all of your "vested vacation time" unless the union representing you has negotiated a collective bargaining agreement that "otherwise provides."
A collective bargaining agreement "otherwise provides" and thereby abrogates your statutory right to immediate payment for vested vacation time only if the agreement clearly and unmistakably waives that right. When an agreement lacks this clarity, the employer is required to immediately pay terminated employees for all their vested vacation time.
What can I get if I am a Class Representative in a California Vacation Pay Class Action Lawsuit?
First, you will get your money back.
Second, if you are a Class Representative in a successful California Wage and Hour Class Action you will usually get an enhancement. Meaning, you will get money to make all of this worthwhile. Different courts award different amounts for Class Representatives. It can be $2,500 or we have seen up to $20,000.
Third, you get the satisfaction of getting even, so to speak. Only meaning, it is always nice to get your money back from someone that has treated you unfairly under the law, so to speak.
You Are Going To Have To File A Lawsuit
Filing a complaint in court commences a California Vacation Pay action. Your filing a claim with the Division of Labor Standards Enforcement (DLSE) is not considered the filing of an action, and does not stop the penalty from accruing. Which, of course, is where we come in.
Wage and Hour Analysis
We will do a California Wage and Hour Analysis. Usually, we discover that workers are owed a lot more in back wages and penalties than what they called us about. This can mean BIG BUCKS to you. After all, you are owed this money under California law.
Call us - we can help. 619-234-2833
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley