California Court of Appeal

For statute of limitations purposes, an employee's claim under Labor Code section 227.33 for payment of vested but unused vacation time accrues on the day the employee is terminated. Further, the statute of limitations does not apply a second time, in reverse from the date of termination, to limit an employer's liability for vacation time to only that which vested within, but not before, that period.

Appellate Information

• Decided 10/23/2006
• Published 10/23/2006

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Motschiedler, Michaelides & Wishon and Russell K. Ryan, Fresno, for Plaintiff and Appellant., Baker, Manock & Jensen and Glenn J. Holder, Fresno, on behalf of Wilcox, Hokokian & Jackson and Keith Wilcox, Fresno, as Amici Curiae.


• For Appellees:
  
• McCormick, Barstow, Sheppard, Wayte & Carruth, Scott Harkless, Anil Pai and Marshall C. Whitney, Fresno, for Defendants and Respondents.