Resignation and Vacation

[G35Coupe]

What is the name of your state? Texas

I feel like such a movie star - I have been lurking around here for months and have never had a good reason to rub shoulders with the likes of Beth and IAAL and HomeG and CBG (etc) but I FINALLY have a real legal question (whoo hoooooo).

Ok, I have accrued 3 weeks of vacation (as of November of 2003). Our employee handbooks states that any unused vacation will be payed upon resignation IF the employee gives at least 2 week's notice. It also states that accrued (but unused) vacation will NOT be paid if the employee doesn't give 2 week's notice OR if the employee is terminated for "cause".

I am going to resign and I am going to give 2 weeks notice. This company has a reputation of taking this very personal and I expect that the second I hand over my resignation letter they owner is gonna get her proverbial panties in a wad and can me (actually I'm hoping for it).

Based on this would I still get paid for my unused vacation? If I've left info out please let me know - and IAAL - I WANT A SPANKING!!

 

[HomeGuru]

What is the name of your state? Texas

I feel like such a movie star - I have been lurking around here for months and have never had a good reason to rub shoulders with the likes of Beth and IAAL and HomeG and CBG (etc) but I FINALLY have a real legal question (whoo hoooooo).

Ok, I have accrued 3 weeks of vacation (as of November of 2003). Our employee handbooks states that any unused vacation will be payed upon resignation IF the employee gives at least 2 week's notice. It also states that accrued (but unused) vacation will NOT be paid if the employee doesn't give 2 week's notice OR if the employee is terminated for "cause".

I am going to resign and I am going to give 2 weeks notice. This company has a reputation of taking this very personal and I expect that the second I hand over my resignation letter they owner is gonna get her proverbial panties in a wad and can me (actually I'm hoping for it).

Based on this would I still get paid for my unused vacation?

**A: how would we know since you did not ask a legal question. We are unable to get into the company owner's mind to see what she may or may not be thinking.
And we would hate to see the panty wad and hope she will be wearing a thong when she gets your resignation letter. My opinion is that you should get paid and deserve to.
*********
If I've left info out please let me know - and IAAL - I WANT A SPANKING!!

**A: now I'll sit back and wait for others to respond.
By the way, what will you be wearing for the IAAL spanking?

 

[cbg]

Let me put it this way:

We can't know if the employer would voluntarily honor their policy or not. If they did, no problem. IF they didn't and IF you filed a complaint with the Texas DOL you would *probably* win.

 

[G35Coupe]

I'm GUSHING!!

Ok, not a legal question DANGIT!! (just busted my bubble) but thanks for the opinions

HG - you RULE

IAAL - well, i'm from texas so what else - a tube top and skin tight wranglers - wait i don't have either one - how 'bout that THONG?

 

[G35Coupe]

the meds

crap!! i meant CBG - you RULE - must be the sinus meds - please accept my apologies - but HG DOES rule .. .. .

 

[JETX]

Okay, lets try this a different way.....

Give your 2 week notice in writing and hand-deliver it to the appropriate person. if you do that, it is entirely up to the employer as to whether you stay out the full two weeks or not. In either case, the employers decision should have no impact on your 'right' to pay in accordance with your employer policies.

You might even include a statement in your notice that, "At the time of this notice, I have 3 weeks of accrued vacation, and in accordance with section XXX of the (name) employee manual, I ask that this pay be included in my final paycheck."

 

[HomeGuru]

JETX rules too, to, two, 2...... oh well ya git the point.

 

[cbg]

"Ok, not a legal question DANGIT!! (just busted my bubble)"

If it'll make you feel better, if you lived in a different state it would be a legal question. In my state, and about 16 or so others, it is mandatory under the law that earned but unused vacation be paid out at termination, regardless of the circumstances. You could be fired for embezzling $400,000 out of the company accounts, and they'd STILL have to pay you earned but unused vacation.

In Texas, however, all the law requires is that the employer follow company policy.

You just live in the wrong state.

 

[JETX]

"You just live in the wrong state."
*** And EXACTLY how cold is it in Massachusetts right now?!!
Today was a very nice, sunny, 67° in Texas!!

 

[G35Coupe]

I left out JETX!!!!!

i'm such a moron -- now i don't even deserve the vacation (laugh)

thanks all - i've typed my notice and will hand it in first thing monday morning. i specified the effective date of my resignation (jan 26) and then specified the last date of my employment (february 6) and then remarked about .. "following the appropriate procedures to be paid for all unused vacation in accordance with the employee handbook along with my final paycheck" (or something like that)

and you ALL rule - you know law stuff and i'll keep lurking around if that's cool - i LOVE reading the posts and replies on these boards.

Have a great one!!!

greatings from big D

 

[cbg]

Jetx, come back and see me in July, when Texas is sweltering in 110 degrees and I'm enjoying a balmy 82.

 

[JETX]

Yep, Texas, the air conditioning capital of the WORLD!!

cbg:
I really have nothing against Mass, since my dad was raised in Holyoke and that one of my ancestors, Aaron Cooke, helped found Northampton and his son (also Aaron) 'found' Hadley. I have visited Mass several times (during the summer!).
Kind of like Pres. Bush.... lives in Texas, visits Mass.

 

[cbg]

Very cool, Jetx. I live at the other end of the state, literally only a three minute walk from the ocean. My street terminates at the beach. But I've visited Northampton and that area.

Never been to Texas yet - I've had employees there but managed them from home base.

 

[JETX]

Heck, my wife even has an aunt who lives on Cape Cod.... we may go see her this summer.
And of course, we have a standing invite to the Bush's at Kennebunkport!!
http://www.chez.com/georgebush/fr/images/kennebunkport/kennebunkport.jpg

 

[G35Coupe]

A Follow Up

Hey law-minded friends and acquantainces .. . .

wait .. I'm from Dallas so "HEY YA'LL LOOKY HERE" is much more appropriate?

ANYWAY

I never see followups to the questions asked here by the original poster so I'm gonna start a revolution . . I gave the notice and yes, they were pretty miffed. I was really worried that they would find a way to get out of paying me for the vacation. They DID request that I stay for the whole 2 weeks (and asked if I could be contacted on a "consultative basis" thereafter to which I answered "yes") and today accounting sat me down to lay out how I would receive my next few checks (and they included that they would cut a seperate check for the vacation and verified the unused/payable days - woo hoo!!) and that I would have all monies direct deposited to my account by the end of the day my final work day.

While my questions/situation wasn't legal I did get some great feedback and advice and I appreciate that!! So THANK YOU all and keep up the good work!!

G35 Coupe