Bank of America class action alleges company fails to pay out unused vacation time

Bank of America class action overview: 

• Who: Plaintiff Elle Nguyen filed a class action lawsuit against Bank of America.
• Why: Bank of America promised employees it would pay out unused vacation time after employment ends but did not actually pay it to former employees, the lawsuit states.
• Where: The Bank of America vacation class action was filed in federal court in California.

Bank of America is facing a class action lawsuit claiming that it did not pay out promised unused vacation time when employees left the company.

That practice has cost former employees millions of dollars, the Bank of America vacation class action claims. Plaintiff Elle Nguyen claims that she had more than 100 hours of accrued vacation time when she left the company in 2020 and was paid for none of it.

“Bank of America maintains a de facto company-wide policy of generally not paying out accrued vacation time or only paying out accrued vacation time to separating employees if they have filed a specific written request with the company’s human resources department,” the Bank of America class action says.

That policy violates California law, which requires that employers promptly pay out all earned compensation to a departing employee, the lawsuit claims.

Bank of America supervisor told employee that accrued vacation time was forfeited, Bank of America vacation lawsuit claims

Nguyen said that she first requested to be paid out the vacation time to the corporate office and then her supervisor, who told her that any unused vacation time was forfeited. 

Thousands and maybe tens of thousands of former Bank of America employees were not paid out the unused but accrued vacation time they were owed when their employment with the company ended.

Bank of America recently faced a trio of class action lawsuits and a fine the Consumer Financial Protection Bureau and the Office of the Comptroller of the Currency imposed. 

Have you ever worked at Bank of America? Let us know in the comments.

The plaintiff is represented by Jason S. Hartley and Jason M. Lindner of Hartley LLP along with George A. Hanson, Alexander T. Ricke and Caleb J. Wagner of Stueve Siegel Hanson LLP.

The Bank of America class action lawsuit is Nguyen v. Bank of America, Case No. 5:23-cv-04999, in the U.S. District Court for the Northern District of California.

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