I will be eligible for accrued vacation pay in 2 weeks. I am getting ready to give 2 weeks notice to go to another company. It has been my company's policy NOT to let people finish their 2 weeks. My question is 2 fold. If I give notice and they then tell me not to finish my time, will I be entitled to the vacation pay? If I wait and give 2 weeks notice on the day that I am eligible for vacation pay, since it was accrued, can they take it away from me? If I ask them to give it to me and then turn in the 2 weeks notice, can they then hold the vacation pay out of my last commision check which would come about a week later? They pay a lot of the employees their vacation pay at the beginning of the year for vacation that was accrued even if they do not take it so there is a policy of always paying accrued vacation. A lot of the employees will take the vacation pay and then quit. They do not then take it away from them in their commission checks. Please help!!1 answer | asked Mar 19, 2004 5:19 PM [EST] in Employment Law | applies to Ohio
No one can predict what your company will do. If your goal is to leave on good terms, then you need to give the 2 weeks' notice. To leave on good terms, you also will need to avoid suing them later for the vacation pay if it is not paid to you. Exact answers to your questions require a careful review of company handbooks, policies, your employment contract, commission agreements, etc. That will help spell out your legal rights, but will not predict what the employer will do, as not all employers act consistently with their policies nor with past practice.
Unless I am misunderstanding something, a lot of these issues could be resolved if you simply delayed 2 weeks' notice for a week or two and collected the accrued vacation and/or scheduled a two week vacation and took it, perhaps overlapping with starting the new job. You are on the right track, also, figuring out what is likely to happen, versus what your legal rights are or should be--that is, to be paid fairly.
You can locate attorneys in the Cincinnati area who represent employees in employment matters by looking at the member roster on the website of the Ohio Employment Lawyers Association.
posted by Ann Lugbill | Mar 20, 2004 10:25 AM [EST]