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Labor & Employment Law

: California Labor & Employment Defense Blog

Class Action Lawsuit Against Heller Ehrman Alleges Failure to Pay Accrued Vacation

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pAs many readers have no doubt heard the venerable law firm of Heller Ehrman recently dissolved after nearly one hundred years in business.nbsp;nbsp;During this timenbsp;it was intermittently the biggest firm in the Bay Area and close to the top in the state./p pOne unfortunate aspect of the dissolution is that the Firm apparently made a strategic decision not to pay accrued vacation to its terminated California employees.nbsp;nbsp; Under California law (a href="http://caselaw.lp.findlaw.com/cacodes/lab/200-243.html"Labor Code section 227.3/a)nbsp;such accrued payments are deemed to be earned wages which are property of the employee every bit as much as regular salary.nbsp;As a result,nbsp;a href="http://www.vtzlawblog.com/uploads/file/Heller Complaint.pdf"a class action lawsuit has been filed bynbsp;former Heller Ehrman employees/a to recover these and other amounts allegedly due at termination.nbsp;/p pThe lawsuit isnbsp;interesting on a number of levels.nbsp; It is a reminder tonbsp;employers that California vacation wages are annbsp;accrued liability that must be taken into account.nbsp;nbsp;/p pIt is also a sad commentary on modernnbsp;Big Firm economics.nbsp;nbsp;A law firm, no matter how large, is essentially anbsp;collection of individuals working together.nbsp; The assets of the firm quot;leave the building every nightquot; as the saying goes.nbsp; And if they don't return the nextnbsp;morning, there is really nothing left for creditors, including employees.nbsp; Clearly the plaintiffs challenge will not benbsp;establishing liability butnbsp;satisfying any judgment from a defunct partnership.nbsp;/p pnbsp;/p pnbsp;nbsp;nbsp;nbsp;nbsp;nbsp;nbsp;/pimg src="http://feeds.feedburner.com/~r/CaliforniaLaborAndEmploymentDefenseBlog/~4/486872998" height="1" width="1"/

Full post as published by California Labor & Employment Defense Blog on December 16, 2008 (boomark / email).

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