Can my employer keep my vacation pay if i take my vacation, then upon returning to work give my 2 week notice, which at that point they tell me i dont have to wait 2 weeks i can go ahead and leave as they do to all employees who have given thier 2 week no

I want to take my vacation then the first day back to work after my vacation give my 2 week notice. All employees who have given thier 2 week notice have been let go the same day the give thier notice. Can they withhold my vacation pay because i gave my 2 week notice even though it was after my vacation was over?

1 answer  |  asked May 4, 2016 7:04 PM [EST]  |  applies to Florida

Answers (1)

Phyllis Towzey
You should be fine, because you returned to work after your vacation, if only for one day. So they cannot claim that instead of being on vacation as planned you had actually already abandoned your job.

This puts you in a much stronger legal position than if you took the vacation and then called in and quit on the last day with no notice, just because you gave notice, even if they choose not to accept it and they tell you to leave now. They would not have to pay you for the offered notice period (actually you could get unemployment comp for those two weeks), but they would have to pay you for the vacation.

posted by Phyllis Towzey  |  May 5, 2016 05:25 AM [EST]

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