Hello again sharbear-ga,
I?ll be happy to give you some brief guidelines about the labor law
issues involved in your question. Please note that I?m not a lawyer
and I recommend that you check with a lawyer to get more formal
advice.
You indicate that you have two employees who have resigned and gave
you appropriate notice. These employees are still working for you but
you have already hired their replacements. They also have accrued
vacation time. You would like them gone and you would like to know if
you could force them to use the accrued vacation time they have.
It is not clear how much notice time you got ? I?m assuming it?s about
two weeks. It?s also not clear if these are exempt or non-exempt
employees. From the phrasing of your question I conclude that they?re
hourly employees.
California law requires that an employee who has given more than 72
hours notice of resignation must be paid all wages due at the end of
the final work day along with all accrued vacation pay. Many employers
faced with your situation immediately terminate the employee and pay
them severance pay for the notice period. You could eat the cost of
not getting their labor for the notice period and terminate them
immediately. You?re the only one who can decide whether the cost of
having them around and the tension they cause is worth the amount of
work they?re accomplishing.
It would take additional research to get clearer information about
your right to force your employees to take vacation for the notice
period. Generally, you have the right to set policies for when
employees take vacation but in your case it could be interpreted as
retaliatory action. I recommend that you talk your lawyer if you plan
to take this course of action.
You may also want to review some prior Google Answers questions on
this topic that will give you insights on similar situations.
Wishing you well in resolving this tough situation.
~ czh ~
http://www.las-elc.org/finalpay1.pdf
Getting Your Final Paycheck
WHEN YOU SHOULD BE PAID IN FULL
2. Final Pay When an Employee Resigns from a Job
An employee who resigns from a job must be paid all unpaid, earned
wages within 72 hours (3 days) of the resignation (Cal. Labor Code
§202). If, however, the employee gives notice of resignation more than
72 hours in advance, the employer must pay all such wages on the day
of resignation. This payment must include wages for days worked up to
and including the last day of work, plus payment for any accrued,
unused vacation time (see ?Vacation Pay? below).
3. Unused Vacation Should be Paid With Final Wages
Employers are not required by law to provide paid vacation benefits to
employees. However, if an employer does provide vacation benefits to
an employee, the vacation time an employee earns is a form of wages
which ?vest? as the employee works (Cal. Labor Code §227.3). This
means (1) that vacation ?wages? (unused vacation time) are earned as
the employee works; and (2) that any earned vacation time that remains
unused when employment is terminated must be paid on time as part of
the employee?s final wages. ? An employer may set its own policy
regarding when employees may take vacation, but such policies have no
effect on the accrual of vacation time.
-------------------------------------------
http://www.dir.ca.gov/labor_law.html
Department of Industrial Relations ? Labor Law
http://www.dir.ca.gov/dlse/FinalPay.pdf
Division of Labor Standards Enforcement
Final Pay
Employees who are discharged must be paid all wages due at the time of
termination. (Labor Code § 201) ?All wages? include any earned, but
unused vacation pay. (Labor Code § 201) An employer must pay a
discharged employee at the place of discharge. (Labor Code § 208)
An employee, who does not have a written agreement for a definite
period of employment and who quits without giving prior notice, must
be paid his or her wages within 72 hours. If the employee gives at
least 72 hours notice of his or her intention to quit, those wages
must be paid at the time of quitting. An employee who quits must be
paid at the office or agency of the employer in the county where the
employee worked. An employee who quits without 72 hours notice may
request that his or her final wage payment be mailed to a designated
address. The date of mailing will be considered the date of payment.
(Labor Code § 202)
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http://www.wilkefleury.com/doc.asp?ParentID=68
YOUR EMPLOYEE?S LAST PAYCHECK? DON?T MAKE COSTLY MISTAKES
Many employers don't know and don't follow California-'s strict rules
relating to an employee's last paycheck. Learning and following some
simple rules can save you time, money and headaches.
-------------------------------------------
http://www.cfo.com/article/1,5309,3914,00.html
Belt Tightening: Forced Vacation Is Catching On at Slumping Companies
-------------------------------------------
http://answers.google.com/answers/threadview?id=345244
Q: California State Labor Law
http://answers.google.com/answers/threadview?id=331378
Q: California State Employment Law (
http://answers.google.com/answers/threadview?id=45228
Q: California Employment Law-Vacation Pay
SEARCH STRATEGY
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