Changed from full to part time

[Jamal213]

What is the name of your state (only U.S. law)? California

My first post, and unfortunately I have a complicated situation, this is just part of it;

I'm a salaried employee with roughly 40 hours of vacation time accrued. Recently, our company announced that everyone in my position would be put onto hourly wages starting in March; and I would be a part-time employee.

Naturally, I plan to leave my position when the transition takes effect. As a part time employee, will I receive a check for the PTO (that I've accrued while I was a full time employee) when I quit?

Thanks in advance for your answers, I'll post the rest of the situation under appropriate headings.

 

[cbg]

Not your question, but I hope you don't expect to collect unemployment benefits when you "naturally" leave. Do you know how hard it is to find a job these days? If unemployment is your goal, you are FAR more likely to receive it if you stay on the job and file for partial benefits than you are if you quit. Not to mention the fact that unemployment will only pay a fraction of what you are earning and you're likely to make more even at part time than you will on unemployment.

That being said, if you "naturally" leave anyway, you will receive whatever vacation or PTO you have actually accrued (not what you would have accrued if you stay) at the time you leave. Which you will need, because your chances of collecting UI falls between slim and none, and it is taking people up to two years to find work these days.

 

[Jamal213]

Thanks for your quick response. Unemployment isn't my concern. I'm fortunate enough to have owned a business previously and sold before the economy went sour.

 

[mistoffolees]

What is the name of your state (only U.S. law)? California

My first post, and unfortunately I have a complicated situation, this is just part of it;

I'm a salaried employee with roughly 40 hours of vacation time accrued. Recently, our company announced that everyone in my position would be put onto hourly wages starting in March; and I would be a part-time employee.

Naturally, I plan to leave my position when the transition takes effect. As a part time employee, will I receive a check for the PTO (that I've accrued while I was a full time employee) when I quit?

Thanks in advance for your answers, I'll post the rest of the situation under appropriate headings.

Whether you receive a check for accrued vacation depends on your company's policy. Read the policy manual. Or, simply use all your vacation and THEN resign.

The part I'm concerned about is the bolded. That's not a decision that a company can make. There are Federal rules about what constitutes a salaried (exempt) position from hourly (non-exempt). IIRC, they can pay an exempt person on an hourly basis if they wish. However, if your job should have been non-exempt and they made the employees salaried to avoid paying overtime, they could be in a lot of trouble. What is the actual job?

 

[cbg]

Misto, in CA, any earned but unused vacation is due the employee unconditionally per state law.

The poster does not say he is salaried exempt. He could have been salaried non-exempt.

 

[Zigner]

Whether you receive a check for accrued vacation depends on your company's policy. Read the policy manual. Or, simply use all your vacation and THEN resign.

This is not correct in California. As a function of law, any accrued vacation must be paid at termination (within the proper time-frame of course).

 

[mistoffolees]

Misto, in CA, any earned but unused vacation is due the employee unconditionally per state law.

OK.

The poster does not say he is salaried exempt. He could have been salaried non-exempt.[/QUOTE]

True - it would be useful if OP would clarify.

 

[cbg]

Back the truck up there a minute, pal.

Before we start encouraging people to quit because "they'll be able to get unemployment due to a drastic change" let's think this through here, okay?

First, the definition of a "drastic change" that would allow an employee to quit and get benefits varies from state to state, and the reduction that the poster identifies in his other post is NOT sufficient in my state, at least.

Second, unemployment pays only a fraction of what the employee would be earning. Again, in my state, EVEN IF the state saw this as a sufficient reduction to quit and get benefits (which it would not) the benefit would be considerably less than he would receive if he stayed on the job at the part time level. Particularly if he then applied for UI to make up some of the difference (which, in that instance, he would probably get).

My state is one of the most generous, if not the most generous, state when it comes to UI benefits, so I don't imagine the poster's state is going to provide a better benefit.

THINK about what you're suggesting, k?

 

[Willlyjo]

Whether you receive a check for accrued vacation depends on your company's policy. Read the policy manual. Or, simply use all your vacation and THEN resign.

The part I'm concerned about is the bolded. That's not a decision that a company can make. There are Federal rules about what constitutes a salaried (exempt) position from hourly (non-exempt). IIRC, they can pay an exempt person on an hourly basis if they wish. However, if your job should have been non-exempt and they made the employees salaried to avoid paying overtime, they could be in a lot of trouble. What is the actual job?

wrong again...maybe you should research more on the way its done in California. I concur with the others, in California, an employer is required to give you what you already earned in vacation time prior to termination or quitting.

 

[Proserpina]

wrong again...maybe you should research more on the way its done in California. I concur with the others, in California, an employer is required to give you what you already earned in vacation time prior to termination or quitting.

Zig and misto already discussed this.

You are simply parroting in order to antagonize. Didn't you just return from a little "vacation"? You want to take another one in such quick succession?