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Q.If my employer allowed me to take my vacation before it was actually earned and I later quit my job can my employer deduct the unearned vacation days I took from my final paycheck?
A.No, your employer cannot deduct "advanced" vacation (i.e., vacation that is taken before it is earned or accrued) from an employee's final paycheck. Under California law, vacation benefits are a form of wages, and an employer's practice of allowing employees to take their vacation before it is actually earned or accrued is in effect an advance on wages. If an employee takes an advance on vacation and then quits or is discharged before all of that advanced vacation is earned or accrued, then there has been an overpayment. The overpayment becomes a debt owed by the employee to the employer. As a debt, the employer's remedy is to sue the employee for the amount owed.
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