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2 weeks' notice and accrued vacation pay

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gregn

Guest
What is the name of your state? ca

I just accepted a position with a new company and for special training purposes, they need me to be there to attend a special 2 day training, 2 days earlier than would be a "2 week notice".

My new company has honored my request to give 2 weeks' notice and has even said I could work the next week an extra 2 days to make it a full & complete 2 week notice.

However, my current company, who I've been with for almost 4 years, says that this will NOT constitute a 2 week notice and that therefore they do not have to pay me my accrued vacation pay (which is 3 weeks of pay).

Do they have a legal right to withhold my earned vacation pay?

I'm between a rock and a hard place between these 2 companies. I really need the 3 week vacation pay.

Thanks for any and all advice.

Greg
 
Last edited:


divgradcurl

Senior Member
They have to pay you, 2 week's notice or not:

"Q. What happens to my earned and accrued but unused vacation if I am discharged or quit my job?


A. Under California law, unless otherwise stipulated by a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days. Labor Code Section 227.3. Because paid vacation benefits are considered wages, such pay must be included in the employee’s final paycheck."

California Division of Labor Standards Enforcement
http://www.dir.ca.gov/dlse/FAQ_Vacation.htm
 

cbg

I'm a Northern Girl
divgradcurl is absolutely correct. Under California law, they cannot legally withhold your vacation pay since it is considered wages under the law of your state. You can file a complaint with the CA DOL.

One caveat: they only legally owe you for time you have already accrued. They do not owe you for any time that you might have accrued during the remainder of 2003. A lot of people mistakenly believe that they are entitled to ALL their vacation pay for the year and that's not so unless they are given their entire allottment for the year in a block; something very few companies do.
 
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gregn

Guest
Thank you!

Thank you both for your kind and prompt replies!

I really appreciate it and now I can go to my current company with some ammo and have the right thing happen.

Regards,
Greg
 

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