Employer Refused to Carry-Over Unused Vacation

My employer refuses employees to carry-over unused vacation days from one year to the next. When I was let go, the forfeited vacation days were not included in my final paycheck. What can I do?

If you were let go and your employer didn’t compensate you for your unused vacation days, by making you forfeit them at the end of the year, you can file a vacation wage claim in California with the Labor Commissioner’s Office. You can also file a lawsuit in court against your employer to retrieve your lost vacation wages. If you no longer work for your employer, you can make a claim for a waiting time penalty. Filing a vacation wage claim in California will begin the process of getting compensated for your lost wages.


Jane’s employer does not allow employees to carry-over earned and unused vacation time from one year to the next. Jane was let go and her earned and unused vacation wages were not included in her final paycheck. Jane can file in California a vacation wage claim to retrieve her vacation wages from her employer. Jane can also file a lawsuit in court. Since Jane is no longer an employee, she can make an additional claim for the waiting time penalty so she gets compensated for having to wait for her additional wages.

If you have a question about California vacation law or want to file a vacation wage claim, contact Strauss & Strauss APC now.

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