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  • Quit in CA-What do you get paid for?

    When someone gives 2 weeks notice and you accept their resignation immediately, is it required for the employer to pay for the remaining 2 weeks even though you let them go the same day? Does the employer have to pay them unused vacation or sick time?
    Last edited by jfrangos; 10-10-2005, 06:43 PM.

  • #2
    You are not required to pay them for the rest of their notice period, though I would advise doing so anyway. You get a reputation for not paying through the notice period and you'll find that your employees will be quitting without notice.

    In your state you must pay for any accrued but unused vacation time. You need not pay for unused sick time unless the employee has a bona fide contract that says otherwise.
    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
      Originally posted by cbg
      You are not required to pay them for the rest of their notice period, though I would advise doing so anyway. You get a reputation for not paying through the notice period and you'll find that your employees will be quitting without notice.

      In your state you must pay for any accrued but unused vacation time. You need not pay for unused sick time unless the employee has a bona fide contract that says otherwise.
      Small change to the above facts: two weeks written notice given by salaried employee (with option of third week is desired by employer), one week passes, employer terms employee. Does employer owe employee for second week?
      Last edited by brian_vickers; 11-04-2005, 01:10 PM.

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      • #4
        Not really different. Legally, you only owe for what the employee worked. Then, of course, accrued vacation as cbg already stated.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I disagree with the statement "you should" pay them the 2 weeks pay so as not to get a bad reputation. Just my humble opinion.

          Its my experience that once a worker gives their 2 weeks notice they get careless about their job, and even if they show up, their efforts vs. their pay doesnt match.

          Pay them their earned income, thier earned vaca etc.. and let them go on their way.

          I've had too many bad experiences working with careless 2 week notice employees to be much of a fan of paying em to sit around and be a Pain in the rear.

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          • #6
            "should" or not, is a matter of opinion, and both you and I are entitled to ours.

            The bottom line is that whether or not the employer "should", they are not required to by law.
            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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            • #7
              California law requires gov't employees get unpaid sick pay

              I am not an attorney but I disagree with the intent of the case law as well as your statements that California does not require unused sick pay to be paid out upon termination. First, California law requires that all wages owed at termination must be paid. Since sick pay is accrued the same as vacation pay (of course it is not vacation pay) based on hours work, sick pay is considered wages and should be paid out upon termination. Second there is another CA labor law that says that a company cannot have any policy that restricts the payment of wages. Third, CA does have a labor law that says that GOVERNMENT workers must be paid all unused sick pay upon termination from employment. I think the legislature's intent is that this law apply to all workers, not just government workers. Indeed this is the intent of the law since there is no specific law saying unused sick pay does not get paid upon termination. I wish the legislature would tighten up the law in this regard because it allows companies to get away with MURDER! I have fought employers and the labor commissioner and the court on this issue! More power to the people! Finally I think the day will come (not directed at you) when people will realize that lawyers have too much power in the hiring and firing process and that other than a sole proprietorship I believe it is unethical and biased for lawyers to meet as a committee for the purpose of terminating the employment of law firm staff. Thanks.

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              • #8
                That is your opinion, hairy, it is not the law. If you find the actual LAW that states that private employers must pay accrued sick leave at termination, please post it.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  I was a COunty employee in CA and left in late 2005, and was not paid for sick time accrued. It totaled appx. 450 hours. Should I pursue this?
                  Brook Parker
                  Junglesource.com

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                  • #10
                    Megan or Michael can correct me if I'm wrong, but I am still unaware of any law requiring the payout of unused sick time.
                    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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                    • #11
                      California law does not require the payout of accrued sick time at termination; only vacation or PTO.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        You were right back in October- unused sick time doesn't need to be paid unless there is a contract to the contrary.

                        Parker, check with your union, if you were in a union. Most likely you are not intitled to this.
                        Megan E. Ross, Esq.
                        Law Offices of Michael Tracy
                        http://www.gotovertime.com

                        Disclaimer: The above response is a general statement of the law and should not be relied upon as legal advice. It only assumes the facts that are stated in the message. The above response does not serve to form an attorney-client relationship.

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                        • #13
                          Thank you very much!
                          Brook Parker
                          Junglesource.com

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                          • #14
                            unpaid wage and vacation

                            Originally posted by jfrangos
                            When someone gives 2 weeks notice and you accept their resignation immediately, is it required for the employer to pay for the remaining 2 weeks even though you let them go the same day? Does the employer have to pay them unused vacation or sick time?
                            . Neither got my last pay check after i quitted my job. what can i do now? it has been 31/2 months since i quitted my last job.

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                            • #15
                              I just answered your question in the other thread where you asked it. Please post each question only once.
                              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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