San Jose, CA asked in Employment Law for California

Q: I was recently laid off from work I work for the union and i had 20 days of PTO which the company does not want to pay

Also they said I get no severance package when it clearly states it in the contract that we do just wondering what I should do?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: You need to raise the severance issue with your union representative. Any promises made in the collective bargaining agreement must be worked out through the union grievance process, not a court of law.

As to the unused PTO, try to get the union to assist you on that as well. Unless there is a union provision otherwise, your employer is required to pay out all unused vacation pay upon termination of employment. If you do not get satisfaction with union assistance on that issue, you can raise it as an issue before the Labor Board, also known as the California Division of Labor Standards Enforcement.

Good luck to you.

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