What to do if I’m still waiting on 1 week of unused PTO and 2 weeks commission?
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What to do if I’m still waiting on 1 week of unused PTO and 2 weeks commission?
I ended my employment with my former employer and provided 2 week’s notice. My last day was 1/11/19. I received my final pay for weeks worked but they have still not paid me my unused one week of PTO and two weeks commission. I have emailed with the Controller on 2 separate occasions and he has replied he would
look into and get back to me ASAP. Yet, still nothing.
Asked on February 12, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
As you know, accrued but unused vacation time (not sick time) is considered wages in CA and must be paid on termination of empoyment. If not paid by your last day (since you provided more than 72 hours notice), you may be entitled to additional pay (called a "waiting time penalty"): 1 extra day of pay for each day you wait, up to a maximum of 30 days. You could either sue for the money or file a complaint with your state's Dept. of Industrial Relations (the dept. of labor).
The state labor dept. will probably not help with any unpaid commissions due you, since those are not set by law but by the terms of the agreement as to commissions (whether a written or oral agreement) between you and your employer. For commissions, you'd need to sue. Therefore, you should probably consult with an employment law attorney about bringing a legal action for both the PTO and commissions.
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