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Thread: Two Weeks Notice Given Wyoming

  1. #1
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    Default Two Weeks Notice Given Wyoming

    Hello, I am a salary employee in Cheyenne, WY working for as a Computer Support Specialist. I gave my two week notice and my ex-employer made it effective immediately. I am to understand the Company needs to pay my existing Vacation as well as for the two weeks I will not be working? I am pretty sure on the vacation, but am skeptical as to the two week deal. Can someone provide a link to the state statues and or provide me with proof I can present my ex-employer? Thanks in advance!

  2. #2
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    No state requires additional pay for your notice period, even if the employer accepts your resignation immediately. Some companies do, some don't, but there is no law that requires it.

    Re your accrued vacation, although this answer is a little hard to understand, it seems to imply that accrued vacation must be paid at termination. Is there some reason to think that the employer will not do so?
    http://wydoe.state.wy.us/doe.asp?id=257
    (question 11)
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    Default Follow up question

    My employer stated "Vacation is on based on an occurred work basis so you earn your time as the months progress.” when I asked them if they wouldn't mind including the 37 additional hours of vacation in noted on my last check.

    I am working on getting a copy of the employee handbook, but I am under the impression if your pay stub states a given amount, then that is your current accrued amount. They also tell me each year you lose all your vacation, but if this is the case a person would have to work 12 months to earn a total of 80 hours.

    So hypothetically speaking if I was to give my two weeks’ notice at the end of my first month of work after coming back from a two week vacation, I would actually owe the company money.

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    Your impression is incorrect. It is quite common, and quite legal, for vacation to accrue on a month to month basis, regardless of what your paystub says.

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    Default follow up

    CBG:

    Okay, I can understand if I am incorrect however it still does not answer what happens and why.

    For example this was my third year of employment. My second year I was given 80 hours, and going into my third year I was given another 80 hours.

    I have 8 months into my third year earning me approximately 53.3 hours vacation pay [(80 / 12) * 8]. This is assuming they base it on an even distribution of hours throughout the entire year. I have used 43 (my latest pay stub lists what’s left) hours of the given 80 hours, meaning my employer should only be responsible for paying me 10.3 hours of pay for the vacation?

    Also, I have been reviewing Chapter 27 (http://wydoe.state.wy.us/ui/document...7_statutes.doc ) on Labor Laws and cannot find anything that notes this but could easily be over looking-- how did you come about knowing it to be common or legal for vacation to be accrued during the year receiving it? Is this at the federal level?

    I know very little about how laws work and how they are written up and would like to put the effort in to understand as I don’t want to wrongly accuse and also have my facts with evidence when presenting them. Maybe you might be able to point me in a direction of more resources I could be reviewing?

    Thanks you for all your input so far!

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    I know that it is common and legal for vacation to be accrued monthly because I have 30 years of experience running employer sponsored benefits, including vacation plans, in a great many states. I also have researched vacation laws for all 50 states for a private client.

    With one exception, and that exception is not Wyoming, no state dictates to the employer how vacation accrued. What's more, in the sole state that does have such a law, vacation MUST accrue "as you go".

    Since there are no laws in 49 states dictating how an employer may have vacation accrue, the employer may have them accrue any way he wants. You won't find a law giving him permission to have it accrue monthly; it's the absence of a law prohibiting him from having it accrue that way, that makes it legal.

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    There are no federal vacation/PTO rules. What little guidance the feds have issued is a number of opinion letters saying that they do not care about vacation/PTO, mostly in relationship to the docking of Exempt employees salaries.

    Vacation is very state specific and your state is not my state. I can say that I have managed payroll for a number of employers with employees in many states, just not Wyoming. It has been a very long since I have worked for a company that did annual vacation/PTO accruals. If one works HR or payroll, subscribes to industry newsletters or attends classes or visits websites, one hears (a lot) about what a really bad idea annual accruals is. Some states have laws that functionally make this a bad idea, but many states have laws that seem to raise more questions then they answer. Because of that what might be called "best practice" guidelines have arisen over the years for multi-state employers and one of those is to conditionally accrue vacation/PTO on a monthly or pay period basis. There is nothing that CBG just said that people in the industry where not saying 20 years ago.

    Past that, you need someone who is really up on the nuances of Wyoming vacation/PTO handling, meaning not just the law, but the court decisions, regulations and whatever else WY government has decided. I am not sure that we have one of those people on this website. This stuff is very state specific, and even experienced people tend to not get good at arcane rules for more then one state. And this unfortunately is pretty arcane. You might try giving WY DOL (or whatever they call it) a call.
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    I think I understand much better now and I do appreciate the quick responses. Sounds as though my lack of any experience can really make it hard to understand where I come out especially when no laws have really been put in place. Based on 30 years of expereince I can definitally believe you on that one cbg, but I always seek to provide solid evidence for my claims when possible.

    Even if you did try to throw laws at it sounds it would generally continue to raise more questions. I never expected my employer to make my notice effective immediately. We are still on good terms, but I don't start the next job for some time and was trying to come up with ways to fund this work absense and was hoping I could convince my ex-employer.

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    Honestly, I think you have a pretty good shot at the accrued vacation. Do you know what the company policy is regarding payout of accrued vacation at termination? Is there some reason you think the vacation will NOT be paid along with your final wages?
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    This is what my ref. notes re vac. payout at termination (1-09)
    Wy. - Earned and unused vacation must be paid within five working days of the date of termination. Employers may provide that unused sick days won't be paid upon termination of employment.

    "use it or lose it" policy - Although state law doesn't require employers to provide paid vacation, if it is provided, accrued vacation is considered earned wages and can't be lost upon termination. Sick days not taken aren't required to be paid.

    Covered employers - all employers

    Citation - Wyo. Stat. 27-4-104 and 27-4-501(a)(iii). Wyoming Dept. of Employment, Rules of Practice and Procedure for the Filing, Investigation, and Resolution of Unpaid Wage Claims Under Labor Standards, Chapter 1, Sect. 6(a)(iii)
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  11. #11
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    Well, OP, there ya go.

    What Betty3 said.
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