I recently was requested to take a 65% reduction in salary and informed my employer that I was not willing to accept. Upon pay day, I discovered that they had cut my salary with no documentation or information on what my new salary was. I called my manager, who is the CEO of the company and told him that I was able to accept the pay cut and would be resigning immediately.
Today I received my final paperwork with the info on the final paycheck and they had voided my accrued vacation/pto time from the final check.
I am in California, is this legal? Can I respond that I do not accept without the PTO/Vacation time included?
1 Answer from Attorneys
To lower your pay, your employer must give you advance notice. No, it is not lawful for a CA employer to cause an employee to forfeit/lose their earned and unused PTO or vacation time. Call an employment law attorney to discuss. You may be owed your earned vacation/PTO plus up 30 day's wages as penalties plus the law requires your former employer to pay your attorney's fees. Many employment law attorneys offer a free initial phone consultation.