Vacation pay

I have written before concerning this and received some very helpful information I have another question. Summarize My boyfriend worked for his company for 19 years was labeled an Executive manager paid salary but and worked 50 to 60 hours a week. When I wrote before he still worked for this company but has since been fired we believe it was directly due to him requesting to be paid overtime. He has questioned his exempt status a number of times and each time he was told he was exempts and he would then be sent a printed copy of the labor laws. In Nov after again asking about overtime he was switched from a salary employee at 3675. To an hourly employee of 16.37. Before when salary he worked from 6 to 4 now at hourly he was required to work from 6 to 5 and would be paid the 3 hours overtime he would still be doing the exact same work as before but now it was for less money and more hours. On DEC 20 my son was shot and seriously wounded while in Iraq I flew to Bethesda Maryland to be with him and my boyfriend (of 13 years so he raised my son) came to Maryland on DEC 24th at the time his employer was cooperative and he was told he had over 8 week of vacation so not to worry. He stayed until my son was released from ICU (3 weeks) and had kept in constant contact with his employer the day he returned to work Jan 17th he was met at work by his employer and fired the reason he was given was lack of job performance. Remember he had worked for this company for 19 years does not have one bad mark in his file and was given a bonus of 1100. on DEC 10 based on performance. He was given no severance was not paid out his additional 5 weeks vacation his last check merely consisted of 100 vacation hours keep in mind at least two of the days he was gone were paid holidays for him. Now to make a long story even longer. We have a claim filed with the Cal labor board in fact Monday is the hearing. When we went to the conference his employer did not show up instead their lawyers called in for the conference. We are quite confidant he will prevail at the hearing Monday we have all the paperwork to back up all our claims and in addition 2 former employees will be going as witnesses to his job duties but of course in there response letter they make untrue claims but we are not worried about it honesty and proof are on our side. now the question of course there claiming my boyfriend has no additional vacation hours due as they had a 3 week cap on accrued vacation but not only did there statement in an email say that he had 8 weeks vacation accrued he and the other employees will testify they knew of no cap in fact an employee that was terminated 6 months ago has his last check showing he was paid out 5 weeks vacation so IM pretty sure we can win that but what I would like to know is Vacation is paid out at your final wage and not the wage in which it accrued I understand that is meant to protect workers but in our case it will mean a 2400. Dollar difference. Can we ask the Judge for his vacation to be paid at his salary wage since he was fired less then 2 months of being switched to hourly and almost for certain he was switched to hourly 1. retaliation for him requesting overtime and stating he would be filing a complaint with the labor board. and 2 they had plans to fire him so switching him to hourly would be cheeper for them if we did indeed file against them. Thank you for your help and IM positive they will appeal when we win if for no other reason then to keep us in court and at that time we will be in need of a lawyer