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Q: Verbal Employment Agreement Before Contract Signature -- Enforceable? (CA) ( No Answer,   3 Comments )
Question  
Subject: Verbal Employment Agreement Before Contract Signature -- Enforceable? (CA)
Category: Business and Money > Employment
Asked by: klipywitz-ga
List Price: $5.00
Posted: 09 Dec 2005 11:53 PST
Expires: 08 Jan 2006 11:53 PST
Question ID: 603751
Hello, 

This is my situation. I was hired on the 25th of march of 2002, but my
contract was only signed on the 13th of may of 2002 -- about 50 days
later. Our verbal understanding at the time was that when employment
eventually terminated, they would pay me the 50 days between my first
day of work (March 25th) and the contract signature date (May 13).

Needless to say that some people I dealt with have left the company,
and I have a new boss now, who has decided to let me go. Is the
company legally mandated to pay me for these 50 days?

(I have witnesses, the people who were transferred from the company to
another locations abroad, who would confirm the arrangement.)

If they are bound by the agreement, where's the law to substantiate it? 

Plus, at my company we receive 30 days vacation every year. I have not
taken vacation in 4 years -- however, California doesnt have a "use it
or lose it" policy, right? They would be required to pay me for the
outstanding, unused vacation at the last day of employment, correct?

I understand that this not official legal advice, but your quick help
would be appreciated.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Verbal Employment Agreement Before Contract Signature -- Enforceable? (CA)
From: arizonaprinter-ga on 09 Dec 2005 12:43 PST
 
Sorry - if it's not in writing you are going to have an extremely
hard time proving anything.
Subject: Re: Verbal Employment Agreement Before Contract Signature -- Enforceable? (CA)
From: daniel2d-ga on 09 Dec 2005 21:00 PST
 
You are saying that you have not been paid for the 50 days you worked
in 2002.  You don't need a contract to be paid.  The law requires you
be paid for working.
Seems a bit strange that you would be bring up that issue three years later.
What does your contract say about unused vacation time?  If the
contract does not address that then what is the company policy on
that?
Subject: Re: Verbal Employment Agreement Before Contract Signature -- Enforceable? (CA)
From: klipywitz-ga on 15 Dec 2005 14:36 PST
 
I thought they had left a note about the 50 days on my files -- but
apparently not. However, the person who hired me is willing to
corroborate that, and it seems this will work out.

My contract is very simple and does not mention vacation time.
However, the common practice is that everyone gets 30 days paid
vacation a year. I wasnt aware that there was a company policy that
you can only use vacation from the past two years -- but that is what
I was told just now. Never knew of such thing.,,

Anyway, that doesnt seem to be the case, because I thinkt he CA Labor
Code prohibits "use it or lose it" vacations...

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