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  • Exempt Salaried but no work Colorado

    State: Colorado

    Employment Status: Exempt Salaried

    Time off 3 separate pools: Vacation, Sick Days, Holidays (Not PTO)

    Situation: Company has lost work load at my location, but expects to have work in 30 - 60 days. Due to seniority I am being penciled on the list for the work that may come about, but no guarantees. Since I am penciled to fill possible new work they aren't laying me off, but since there is no actual work the hint has been there will be no pay unless I put in vacation days. Especially curious about refusal to put stuff in writing.

    Can they require me to use vacation days (not PTO) under Colorado Law?

    If they can require vacation days are there any laws for when that pool runs dry?

    Can they really not pay me since there's no work, and not lay me off?

    Can they refuse to lay me off on a possible workload in the future, and therefore make me eligible for unemployment?
    If so how long can they play that game?

  • #2
    Can they require me to use vacation days (not PTO) under Colorado Law?

    Yes, and under the laws of every other state as well.

    If they can require vacation days are there any laws for when that pool runs dry?

    That depends. If you do NO work in any given work week, then you do not have to be paid for that week. If you do ANY work in any given work week, then you have to be paid for the entire week (limited exceptions apply).

    Can they really not pay me since there's no work, and not lay me off?

    If you are doing no work at all in a work week, then yes, even an exempt employee does not have to be paid. No law is going to force them to lay you off. However, no law is going to prevent you from applying for unemployment, either; the law does not require the employer to use the magic words "laid off" or "fired" before you can collect. The fact that you are not working and not being paid is sufficient, assuming that you otherwise qualify.

    Can they refuse to lay me off on a possible workload in the future, and therefore make me eligible for unemployment?

    See above. There is no connection between their officially calling you "laid off" and your being eligible to collect.

    If so how long can they play that game?

    As long as they wish.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Agree/concur. Betty3
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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