What happens to unused vacation days when an employee quits?

[verbal11]

What is the name of your state?What is the name of your state? California

My company is relocating out of state. Some people are moving with the company, others have been asked to work from home, and others are being let go. My question is what should happen to unused vacation days for each of these three groups of people?

One co-worker (who was asked to move) found another job and has given 3-days notice. She was told that her unused vacation days would not be paid because she did not give 2 weeks notice. Is this legal?

I assume that since we are located in CA, california labor laws apply to us, even though our company is headquartered in Nebraska. Is that correct?

Thank you!

 

[Beth3]

CA reg's require that all earned but unused vacation be paid out to employees upon termination of employment unless provided for differently in a collective bargaining agreement.

One co-worker (who was asked to move) found another job and has given 3-days notice. She was told that her unused vacation days would not be paid because she did not give 2 weeks notice. Is this legal? Nope - not unless there's an employment contract in place that stipulates those terms.

I assume that since we are located in CA, california labor laws apply to us, even though our company is headquartered in Nebraska. Is that correct? That is correct. The laws of the State where the employees work apply, not where HQ is located.