Fairfield, CA asked in Employment Law for California

Q: I worked full-time and decided to go to on-call status. During my full-time status, I accrued 40hrs PTO.

I did not request this as cash out since I was staying as on-call. During that time, 2 months or more passed and I only worked one on-call shift, but stayed on the list and still did not request PTO cash out, just in case I was offered a shift in the future that I could take.

I recently contacted my employer asking for them to take me off of the on-call list as my schedule would not allow for me to work any of their shifts and that I wanted to cash out my PTO. On day 2 after the email, my manager fowarded my email to HR asking for them to help me, but did not directly reply to me. I have not heard from either my manager nor HR and 6 business days have passed. I live in California and would like to know what the law is before I continue.

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1 Lawyer Answer
Jonathon Howard Kaplan
Jonathon Howard Kaplan
  • Los Angeles, CA
  • Licensed in California

A: If you are no longer working for the company, they were required to cash you out immediately. If they do not do so, they could be liable to you for a waiting penalty equal to your daily rate multiplied by the number of days you haven't been paid, up to 30 days. Consider contacting an employment lawyer for more specific advice.

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