Don’t Loose The Time/Money You Worked for.

Henshaw and Souza v Home Depot USA Inc. is a California class action alleging that not all accrued vacation time was paid out upon termination of employment. Henshaw stated that Home Depot only paid him 184 of his 528 accrued hours of vacation; and Mr. Souza stated that Home Depot only gave him 544 of his 1210 accrued hours of vacation.

This law suit was originally filed in August of 2010 in the California Superior court, but was later removed to federal court in Sept of 2010. The employees alleged that Home Depot’s vacation policy allowed the employees to accrue vacation time and to roll over any unused vacation time to the next year without limits. The issue arose when Home Depot failed to pay out all of the unused vacation time that had accrued over the years.
The motion seeking preliminary approval of the settlement was filed in the US District court for the Central District of California and stated that the ex-employees are to receive compensation for the unpaid vacation time, “as well as additional payment for interest and waiting time penalties.” The class was certified to include roughly 1300 former Home Depot employees terminated since August of 2006.
As predicted by the plaintiffs, Home Depot has agreed to pay out $1.6 million to settle the class action. But Despite agreeing to settle in mediation, Home Depot maintains that they had no part in any wrong doing and are not accepting any liability for the claims.
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact United Employees Law Group. We can help you understand your rights, and in many cases will review your situation without charge.