i may leave my non-profit job...i have nearly 120 unused vacation
hours...at $22.22 that is nearly $2666...will i get this with my last
check?  the employee manual says "no employee will be paid for accrued
annual leave except in case of termination of employment..." this
includes an employee that quits, right?  please advise...

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Request for Question Clarification by efn-ga on 09 Jun 2004 20:41 PDT

Are you asking about the law?  Are you working in the United States?

Just trying to narrow it down...

--efn

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Clarification of Question by guerillafilmmaker-ga on 10 Jun 2004 09:48 PDT

I would like to know the California state law that mandates how unused
accrued vacation time is handled when an employee voluntarily
terminates their employment, as it pertains to non-profits...

I work for a "non-profit" company and that's what they do(pay you for
what you've actually accrued).  In other words, lets say Jan.1, I get
4 weeks vacation, however, I decide to quit April 1, I've
theoretically (earned)accrued a weeks worth of vacation time and if
none has been taken, they should pay (me) you for it.  One way the
company can kinda get screwed is when you take all of your allotted
time, and then quit, without accruing any(ie. taking all 4-weeks
vacation in January). The most my company could recoup is 2-weeks
worth, because that's how much is held back.  I guess the other
2-weeks they write off, don't know what they do exactly.

Because of the wording in your employment manual, my guess is no
vacation pay will be included in your final pay check requardless of
your reason or method of leaving. The company can define termination
to include or exclude persons who give 2 week notice of their
intention to quit. If you don't cash your final pay check and instead
make it clear you plan to fight, You may get a compromise ammount,
depending on local laws and which company, union, if any, etc. You
could have to wait months for a small ammout of addition money, and
the effort could interfer with getting hired by a new employer far
into your future. Your human resorces = personel department may allow
you to take a paid vacation with your termination taking effect the
last day of vacation or they may offer you some other options. More
likely you are out $2bbb....   Neil

I think you should be paid.  See:

http://answers.google.com/answers/threadview?id=342121

Resignation is termination of employment.  I don't think it matters
that the employer is non-profit.

--efn

It doesn't matter that the employer is a non-profit, under California
or Federal law. As employers, non-profits don't get any special
dispensation with respect to their employees. (They may get favorable
treatment with respect to certain taxes that they owe to governments,
but that's not relevant.)