CO - 2 week notice and let go

[gimbsh]

I handed in a 2 week notice on March 2nd stating that my last day would be March 15th, my employer let me go on the 7th, and I just received my paycheck for the first half of the month and the company paid the 6 days I was not there as vacation time. The issue that I see is if I was still an employee shouldn't the 6 days be regular pay, and if I was let go on the 7th, then isn't that termination and my pay check should have been handed to me at that time. I still have around 100 hours of vacation that I am assuming will be paid in my last check of the month, but the way this went down seems weird to me. Any thoughts, opinons, or options that I have.

[cbg]

You were not fired; your resignation was accepted earlier than you wanted it to be.

Every time you leave an employer that's a termination. If you quit, it's a voluntary termination; if your employer instigates your leaving, that's an involuntary term. In this case, you decided to quit; the fact that you gave more notice time than your employer was interested in having you take does not make this an involuntary term.

They do have to pay you for unused vacation. They do not have to pay you for unused notice time. There was nothing illegal in calling the remainder of the notice time vacation.

[Pattymd]

Six of one and half a dozen of the other, as my grandpa used to say. If they hadn't paid the remaining time as vacation then, they would have to pay it now. It's just that 6 days of it was used to make your paycheck whole for the pay period. The balance must be paid to you. See page 31 here:
http://www.coworkforce.com/lab/AB.pdf

[gimbsh]

Thanks for the quick replies.

I understand that I voluntairly left, but my leave date would be the 7th and not the 15th, like the pay check is showing, correct?

The remaining question is this pay check should have had all of my vacation time, 144 hours, because my termination date was the 7th and not the 15th, or do I have to wait until the end of the month for the 2nd paycheck with the rest of the vacation time in it?

[Pattymd]

It does say "upon separation", so I would say that means now. Have you spoken with payroll or HR? When do they say you will get it?