If my employer retaliates against me because I confronted him about how in California, vacation wages can’t be forfeited, what can I do?
If your employer retaliates or discriminates against you in any way, you can either file a discrimination/retaliation complaint with the Labor Commissioner’s Office or file a lawsuit in court against your employer. In California, it is illegal for an employer to discriminate or retaliate against employees for any reason, even if an employee files a vacation wage claim in California against the employer or threatens to file a wage claim.
Example:
Joe works in California. He knows that he should get paid for all of his earned and unused vacation wages, and that it is illegal for vacation wages to be forfeited. Joe confronts his employer about how he and his fellow employees had to forfeit unused vacation wages at the end of the year. If Joe files a vacation wage claim in California or threatens to file a wage claim and his employer fires him, that is discrimination under California law. Joe could file a discrimination/retaliation complaint against his employer or file a lawsuit. It is Joe’s right to stand up for his earned vacation wages and file vacation wage claims in California if he chooses to. It is illegal for his employer to retaliate or discriminate against Joe in any way.
If you have a question about California vacation law or want to file a vacation wage claim, contact Strauss & Strauss APC now.