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Answering FAQs About Wage Claims

Submitting Wage Claims in CaliforniaEmployees often refrain from making wage claims near San Jose for fear that it might jeopardize the relationship they have with their employers. However, employment laws clearly outline workers’ rights afforded to eligible employees. Should they not advocate on their own behalf for the rights due to them, they may be deprived of considerable income over the course of their working careers. If you have questions about legitimate wage claims, the following answers can help you better understand your rights.

What happens to unused vacation time if you leave a job?

Perhaps you are moving on to a new career opportunity. As you reconcile the final details of your current job, you realize that you have unused vacation hours. In such a case, your soon-to-be former employer must pay you for those vacation hours. Earned vacation time demands payment the same as the hours you worked in a regular day. Should your employer refuse to pay out your vacation time, you may want to speak with an employment lawyer to see if you should file a wage claim.

How many breaks should you get during each workday?

Wage claims may also be warranted if you must work through your mandated break periods. First, you must determine if you are a non-exempt employee. If you have this employment status, next consider the number of hours you work each day. Many employers expect their employees to be at work for at least eight hours. If this requirement applies to your work situation, you should receive a half-hour lunch break. After a four-hour period, you are likewise entitled to a 10-minute break that must be given again after four more consecutive hours.

Why should you hire an employment lawyer for your wage claims?

Labor laws are in place to protect your rights as a worker, but these can be difficult to understand without the necessary legal training. If you suspect that you have a wage claim because of wages not received from earned vacation time, missed break periods, or overtime hours, talk with a labor lawyer. Especially if you fear that you may be wrongfully terminated for your wage claim, an attorney who is knowledgeable in employment law can offer you the best possible legal outcome.

Advocacy Center for Employment Law
San Jose Employment Lawyer
Located at 2084 Alameda Way
San Jose, CA 95126. View Map
Phone: (408) 557-0300
Website: employmentadvocacy.com
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