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Quitting a job, do they have to pay you your vacation pay?

Discussion in 'Off-Topic Discussion' started by 2k6750, Feb 21, 2011.

  1. Feb 21, 2011 at 11:22 AM
    #1
    2k6750

    2k6750 [OP] Well-Known Member

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    I need some advice ladies and gents. I'm about to be quitting my job to move on to greener pastures. The only problem is that I'm owed 2 weeks vacation pay and we are "not allowed to use them in busy season". I'm entitled to this money correct? I haven't put my 2 weeks notice in yet, and really need some advice. Should I try to get the pay before I put in my notice or just tell them at the same time? Legally they have to pay me right? :confused:
     
  2. Feb 21, 2011 at 11:24 AM
    #2
    dexterdog

    dexterdog My pee parts itch

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    Ask to review your company policy. If you give two weeks notice per what is required in your company policy and you complete the two weeks without quitting early then they should be obligated to pay you the vacation pay.
     
  3. Feb 21, 2011 at 11:27 AM
    #3
    senor taco

    senor taco ROLLIN ON RUST

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    They should give you all the pto you aculmated on your last paycheck
     
  4. Feb 21, 2011 at 11:27 AM
    #4
    koa24

    koa24 One problem at a time...

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    They do have to pay you. But, some places are able to tax you differently for cashing out vacation. For example, say you have 1 week of vaca. worth $2,000. If you cashed that out instead of taking the vaca. you may only get $1,000 because they taxed you differently.
     
  5. Feb 21, 2011 at 11:27 AM
    #5
    hellrazor004

    hellrazor004 Well-Known Member

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    I think it depends on the company. You should just ask HR, they are obligated to keep it confidential that you were inquiring about it.

    The company I work for pays out vacation, however, if you decide and give your 2 weeks notice, you are not allowed to take vacation during those 2 weeks.
     
  6. Feb 21, 2011 at 11:29 AM
    #6
    98tacoma27

    98tacoma27 :POOPCORN: Staff Member

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  7. Feb 21, 2011 at 11:29 AM
    #7
    tegdog

    tegdog Taco Lover

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    Depends, read the fine print in your HR manual. I have seen some pretty dirty stuff when it comes to vacation/PTO definately make sure you work the full two weeks of your notice that a big one.
     
  8. Feb 21, 2011 at 11:30 AM
    #8
    Janster

    Janster Old & Forgetful

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    Depends on your company policy and/or how they acrue your vacation.

    My own company used to acrue vacation time after you worked X amount of months in a given year and your vacation couldn't be used until the following year. In other words, you had to work almost a full year before using you acrued time. This years vacation time is actually acrued from last year. If you quit after 3 months, you were entitled to your entire years vacation pay from last year.

    They changed all that since and currently, you acrue your time in the same year.
    So, if you quit the job after 3 months - you only get 1/4 of the vacation pay for that year.
     
  9. Feb 21, 2011 at 11:37 AM
    #9
    crf69

    crf69 scraping my emblems off my plasti-dip

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    ummm yeah
    nope.....mine wont
     
  10. Feb 21, 2011 at 11:45 AM
    #10
    Xaks

    Xaks Cranky & often armed sysadmin

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    It varies from state to state AND company to company. There's some pretty dirty pool that gets played around this issue. Consult a big-chief-muckymuck in HR about this.
     
  11. Feb 21, 2011 at 11:48 AM
    #11
    T@co_Pr3runn3r

    T@co_Pr3runn3r XXXXXXXXXXXXXXXXXXX

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    Insist on using it before you give them notice. Make up any good reason. If they don't like it what will they do, lay you off? I know...file for short term disability, they'll have to use whatever vacation and/or sick time you have up first before starting to pay you your 60% of normal salary while on it, give them 2 week notice & go to your greener pasture.

    Seriously, check the particulars of your situation. There is no certain policy they have to follow, no ISO anything for this other than there is no ISO for everyone. Check the HR policy. Don't give head's up about notice until you find out and while you're reading up on vacation, read up on giving notice since that isn't necessarily the same from one place to another either.
     
  12. Feb 22, 2011 at 1:20 PM
    #12
    2k6750

    2k6750 [OP] Well-Known Member

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    I told HR that I needed my vacation pay today. I was told they would have to clear it with the general manager. I wanna give 2 weeks notice, but I'm supposed to start my new job on the 9th of next month. I should wait until I get my vacation check to put in my 2 weeks right?
     
  13. Feb 22, 2011 at 1:22 PM
    #13
    neontrail

    neontrail ✈ ✈ ✈ ✈ ✈ ✈ ✈

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    quit and you'll lose it

    get fired and they have to pay you whats owed
     
  14. Feb 22, 2011 at 1:26 PM
    #14
    AeroCooper

    AeroCooper Half the strength of ten (microscopic men)

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    Da-yum!!! I want to come work where you do!! :eek:
     
  15. Feb 22, 2011 at 2:21 PM
    #15
    Evil Monkey

    Evil Monkey There's an evil monkey in my truck

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    In California, vacation accrual is the same as earned wages. The employer has to pay it back:

    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.
     
  16. Feb 22, 2011 at 2:28 PM
    #16
    Evil Monkey

    Evil Monkey There's an evil monkey in my truck

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    Found this concerning Florida:
    http://www.humanresourceblog.com/2008/02/05/florida-vacation-pay/


    Nine states have laws saying employers must compensation their employees for accrued vacation time. The law covers employees who are fired or laid off, or who quit. The states are Illinois, Tennessee, Rhode Island, Oregon, North Carolina, Massachusetts, Louisiana, Maine, and California.
     
  17. Feb 22, 2011 at 2:38 PM
    #17
    BrokenTusk

    BrokenTusk I support a velociraptor free workplace.

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    Check Build Thread!!
    no idea how the states do it, but I know if I leave my job here in canada, my vacation time will be paid out last check.

    UNLESS!!

    You are working a job that pays out vacation time on each pay check normally. I've had jobs like that before, and its normally a small company thing.
     
  18. Jul 24, 2011 at 10:44 AM
    #18
    Fightnfire

    Fightnfire Recklessly tired

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    Some states, as mentioned above, have it written in law. Most don't. Usually it comes down to whatever is in your employee handbook, or written rules. Most will require a notice.
     
  19. Jul 24, 2011 at 10:48 AM
    #19
    808matt

    808matt Well-Known Member

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    i'm gonna guess and say hes quit within the past 5 months already
     
  20. Jul 24, 2011 at 12:02 PM
    #20
    cleanTRDmachine

    cleanTRDmachine watch the meat

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    Depends on the company. They may pay you, but like stated above they may tax the shit out of it. Certain companys, after you give them your 2 weeks, they cut you right there to save the payroll.
    But if your company has a policy and procedure section on the company website, look in to that...you can never trust an HR to keep things 100% confidential...
     
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