Leaving the company? You want to know this law!

Discussion in 'California Reps' started by Anonymous, Feb 14, 2011 at 12:34 PM.

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  1. Anonymous

    Anonymous Guest

    Not sure how it works in other states, but I've found that many aren't aware of the fact that Cali has a pretty amazing law that states that when an employee is terminated from a company, either at will or not, the company is entitled to pay out ALL unused vested vacation the employee has earned. Ex: If you have 8 unused days out of 15, then the company must pay out 8 days of work based on your salary. This must be in your final paycheck you are supposed to get on your last day of work. If it is not, then the company must pay a PENALTY for every day it's late. What is that penalty? A day's worth of work for every day late, up to 30 days. You do the math - it could be huge. Many companies will keep quiet about this hoping that the employee doesn't know the law - this is what happened to me when leaving my previous company so I had to fight for it for a bit, but there was no way they could get around it. If the company still doesn't pay you, you can then go to the Cali Labor Commissioner and report your company. Apparently this looks VERY bad on a company's image, so by the time you get to this threat, odds are you will get your check ASAP since going to court for this will always end in the employee's favor since it's a law. I believe there are only rare exceptions that can get an employer out of this law. Google Cali Labor Laws and see for yourself. You will need to know all of the codes when writing your letter to HR.

    Thought I would share because this is one great law that is 100% on the employee's side and I got this information from my attorney.

    Hope it helps!
     

  2. Anonymous

    Anonymous Guest

    Good information. Thanks.
     
  3. Anonymous

    Anonymous Guest

    I also recently saw that non compete agreements are illegal in California but legal in about 44 states. I don't know all the details but company "secrets" and account lists are still protected but not much else. Anyone know more about this?
     
  4. Anonymous

    Anonymous Guest

    The non-compete law applies to CA. It just means you should not be barred from earning a living with the skills that you have. So mileage limits and boundaries aren't supposed to be enforced. The proprietary information is illegal to disseminate, but your skills are your ability to survive and can be utilized.
     
  5. Anonymous

    Anonymous Guest

    Good info, all. However, I don't understand what a noncompete agreement is all about. Anyone care to explain? Thanks
     
  6. Anonymous

    Anonymous Guest

    Did your attorney speak to you about doing a counter offer on a severance package and the chances of a company countering you with a better offer than their original, or do most companies say sue me or hit the road.
     
  7. Anonymous

    Anonymous Guest

    California also has a new law-started on 1/1/13. It would be awesome if every one of us took advantage of it and tied up and caused misery to our HR departments. Any current or former employee can request their personnel file and it must be given to them within a reasonable time period, approximately 30 days.
     
  8. Anonymous

    Anonymous Guest

    Never ever ever say Cali. This is a sign of a serious disorder, not the least of which indicates your immaturity, fact you live outside of California and are clueless as to just how stupid this sounds. I have just thrown up in my mouth.
     
  9. Anonymous

    Anonymous Guest

    Hay, it's just Arnold looking for a new gig.