Title: Lost transit flex money when terminated
I was not informed when I started that Vitaflex pre-tax transit money would be taken from me upon termination. Maybe it is in the fine print of something, but I cannot find it.
In any case, it seems ridiculously unfair to get fired and then also lose $550 that I had set aside from my pay to cover my monthly rail passes.
Do I have any recourse?
Hi Patrick,
Thank you for your question. It is possible that your employer has violated the law here, but I would probably need to review your employment contract to determine whether your right to that transit money has vested. That kind of review would go beyond what we can offer in this public Q&A section.
It seems possible that your transit money was a form of a “wage.” California courts have adopted a pretty broad definition of what it means for something to be a wage. So, wages can include benefits that an employee receives as a part of his or her compensation, including money, room, board, clothing, vacation pay, and sick pay. (See Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1103.)
If that transit money is, in fact, considered a “wage” and your right to receive it has vested, then you had a right to be paid that transit money immediately on being terminated—assuming your termination was involuntary. (See Labor Code, § 201, subd. (a).) Of course, if they gave you the transit money in cash, taxes would have to be deducted.
Anyway, I hope this information helps. Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!