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View Full Version : CA - If I quit, what happens to PTO?


blue25
12-03-2005, 11:46 PM
Need some help with this. Exempt employee, company headquartered in TX, I'm in office in CA. I'm planing to resign and leave. Questions:
1) The company doesn't have vacation and sick days, just PTO (personal-time off). In company manual (written only for TX office) it says they don't pay out PTO upon termination of employment. I though that under CA law they have to pay PTO. Am I wrong? Does it matter that they are headquartered in TX?
2) If they decide not to pay me, what should I do? File a complaint? With CA or TX state?
3) Last year I choose to have my PTO paid out. They decided to pay me only half of the amount. I never complained, because better something then nothing. If end up filing some complaint, can this also be included or not?
4) Do I need to give two weeks notice? They really don't deserve it and I want to give the notice and just leave. Can this cause problems with the final pay?
Thanks.

Pattymd
12-04-2005, 03:54 AM
1. Yes, it must be paid. http://www.dir.ca.gov/dlse/FAQ_Vacation.htm

2. You would file a claim with California. The above web page discusses that also.

3. Yes, it can and it should be.

4. No, not regarding PTO payout. The only thing is that the law requires that if you resign without at least 72 hours notice, they have 72 hours to pay your final pay, including your PTO balance. If you are discharged or you give at least 72 hours notice, they must pay you all final wages on your last day of work. Having said that, however, I would recommend you suck it up and give the 2-week notice. Prospective employers do not look kindly on candidates who "walk".
http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

blue25
12-04-2005, 12:18 PM
Thank you for your response. I appreciate it.

Pattymd
12-04-2005, 04:12 PM
You're welcome. Good luck.

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