Paid Time Off/Two weeks issue

[WestKen]

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

Alright, I know the timing is very limited but any advice would be greatly appreciated.

I recently accepted a new position with a start date of 9/13/2010. I will reach my one year mark with my current employer on 8/31/2010 at which time I will receive apprx. 80 hours of paid time off that I have earned during my 1 year tenure. My original plan was to put in my two weeks notice with my current employer on 9/13/2010 and use that vacation time as my two weeks notice so I can earn a double salary during that transition (Yes, I realize this is not considerate to my current employer.)

I was told by a bottom level manager today that if paid time off is used during the two weeks notice then they will let you go and consider you a non-notice quit without paying the remainder of the PTO.

So my dilemna and question is: Is there anything I can do to collect my paid time off that I have earned without sacrificing a reference and being considered as a no-notice quit that is not eligible for rehire?

 

[ecmst12]

Very few employers will allow you to use vacation time after you put in your notice. If you want to leave your employer on good terms, plan on working every day after you put in your notice and hopefully they will pay out whatever the balance of PTO time you have in your bank on your last day.

 

[pattytx]

Regarding the payment of PTO at termination, see here:
http://www.lni.wa.gov/WorkplaceRights/Wages/PayReq/FinalPay/default.asp

I second what ecmst12 said. The whole idea of a notice period is to provide a turnover to the employee who will take your place. That can't be done if you aren't there.

 

[swalsh411]

Washington law basically says that employers are not required to pay out vacation but they are required to follow their own policies. Do you have an employee handbook? If so, does it address this? The "bottom level manager" may not be right. I am doubtful he has the authority to set policy and might have just been telling you this so you wouldn't take the time off.

Having said that, the expected standard of professional conduct is to give two weeks notice and work most if not all of that time. You seem to be aware of this. If you cannot act professionally then why would you expect your employer to give a good reference?

 

[pattytx]

Which is what the link I provided said.

 

[cbg]

If your question is, what law can I invoke to force the employer to manage my resignation the way I want it handled, the answer is, there isn't one.