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Admin
Admin
In California, vacation time is considered wages earned
Under California law, earned vacation time is considered wages, and vacation time is earned, or vests, as labor is performed. For example, if an employee is entitled to two weeks (10 work days) of vacation per year, after six months of work he or she will have earned five days of vacation. Vacation pay accrues (adds up) as it is earned, and cannot be forfeited, even upon termination of employment, regardless of the reason for the termination.
http://www.dir.ca.gov/dlse/FAQ_Vacation.htm
This is not the case in New York
Admin
That would allow you to collect unemployment in your downtime ;)
Admin
This is also not true in California http://www.dir.ca.gov/dlse/FAQ_Vacation.htm
Q: My employer has combined its vacation and sick leave plans into one program that it calls "paid time off" (PTO). Under this program I have a certain number of paid days each year that I can take off from work for any purpose. Does this allow my employer to circumvent the law as it relates to vacations?
No, a "paid time off" (PTO) plan or policy does not allow your employer to circumvent the law with respect to vacations. Where an employer replaces its separate arrangements for vacation and sick leave with a program whereby employees are granted a certain number of "paid days off" each year that can be used for any purpose, including vacation and sick leave, the employees have an absolute right to take these days off. Consequently, again applying the principles of equity and fairness, DLSE takes the position that such a program is subject to the same rules as other vacation policies. Thus, for example, the "paid time off" is earned on a day-by-day basis, vested paid time off days cannot be forfeited, the number of earned and accrued paid time off days can be capped, and if an employee has earned and accrued paid time off days that have not been used at the time the employment relationship ends, the employee must be paid for these days.
Admin
Where I work, giving notice means you lose any accumulated vacation time.
Admin
Companies doing this are stupid really. The employees just end up taking their vacations then giving notice on their return. This gives the employee a sense of control, since they can then decide to just ditch the place and not put in any "transfer or knowledge" time because they got all they needed.
Basically companies they don't give their workers courtesy, won't get the courtesy back.
Admin
ZOMG!! A chick!!!
Admin
Thanks for the info. All of this happens to be true at my particular place of work, but that's the result of our being members of an extremely powerful union, and it's certainly not the law here in New York.
Admin
Yes well if I was looking for a government to look after me, i wouldn't choose the us.
Admin
In most states, a company just has to have a policy for how to handle unused leave, and they need to follow it.
If you give notice and the company escorts you out the door immediately, can you file for unemployment?
Admin
Companies have found a way around that as well, however - if the PTO is not accrued weekly but rather granted all at once, they are not responsible for having to pay you "unused" time when you leave.
Admin
Last place I worked, they had the "3 weeks notice or lose your vacation pay". I gave my notice, and they were a bit annoyed that I followed the rules (written notice, even), because they then had to pay my 5 weeks of accrued vacation. About an hour later, I was talking to one of the programmers who was also quitting. He had already written up his notice letter, and sent it to the printer, when a call came in from his boss, asking him to step into his office for a minute (happened all the time, didn't mean anything special). I almost said "Take your notice letter with you and give it to him first". He didn't, stepped into the office, got notified he was being let go, and did NOT get his vacation pay, because the ONLY way to get your vacation pay was to give the required 3 weeks notice.
I hated that place.
Admin
One place I worked the company hired a new receptionist. On her first day a bunch of us took her to a "welcome to the company" lunch. After lunch, as we were all walking in the door, she said, "Oh wait, I left something in my car" and walked back out. We never saw her again. Apparently she just got in her car and drove away. Half a day with our company was all she could take.
Admin
...2 weeks later
"Hi, bossman? Ya, I quit. KTHXBYE."
Admin
Last job I found a new job, and not only gave 2 weeks notice, but helpfully added a list of the projects I currently had open. I pointed out that as the only person in my department, it was not possible to complete all the projectsin two weeks, but if they would let me know the priority of each, I'd gladly do my best to get as much wrapped up as possible before my last day.
A week and a half pass. Then the VP Marketoid, right handof the CEO stops by to talk to me about the projects. I say sure, which ones are critical to finish? He gives me a smarmy smile and says, "All of them."
I laughed in his face. Not out of spite but genuine shock and amusement. Still laughing, I told him no, it wasn't going to happen. My new position was in another state, I still was in the process of moving, and was not planning on working overtime simply because he waited too long to get back to me. He left and didn't speak to me for the remaining 3 days.
The last day a guy showed up to work in the department - he had been let go shortly before I started, and apparently they rehired him to take over. I spent the day trying to show him where everything was, what was in progress, etc. and he barely paid attention. Annoying and odd, but in 8 hours it wasn't my problem. At the end of the day I said, "Well, good luck. Here is a list of where all the files are." He blinked and clearly didn't understand. Then I got it. I asked, "They...did tell you this is my last day...right?" No. No they didn't. He looked like a deer in the headlights.
I laughed all the way to my car.
Admin
Admin
I had assumed (incorrectly I guess) that they were going to mail it. I'd been waiting by the mailbox for some weeks before my friend finally mentioned that I should go back.
It wasn't even very much (15 hours x $8/hour I guess).
Admin
I believe, for the US, this has something to do with a non-resident getting a green card for to take a specific job. The employer has to advertise the job in the newspaper for a few weeks. Since the employer presumably has already interviewed the non-resident and wants to hire him/her, the ads tend to be short, cryptic, and in the smaller papers.
Admin
I once saw a classified ad for a small computer that, along with how much RAM and disk space and so forth, said this computer had "65 CO2 chips". I'm guessing that this computer had a 65C02 chip -- that was a CPU made by Motorola (I think) back then. I wonder if the seller called this in to the newspaper and they mangled it copying it down over the phone, or if the guy really thought that there were 65 chips of carbon dioxide in his computer somewhere, and what he thought these were for.
Admin
The phrase "financial restitution may not be sufficient" is a trigger phrase that would increase the likelihood of the employer being granted an injunction. Nothing more sinister than that.
Admin
Admin
Years ago I worked for a small company that had a programmer from China. Every couple of years we had to advertise for an American to do her job, and then send the government some paperwork saying that we had tried to find an American but there were no qualified applicants. So, yeah, my boss made the ads as rigorous as possible. The last thing we wanted was for someone to apply who was arguably qualified so we would have to hire them. Who wants to fire an unemployee who is known to be capable and responsible and replace her with a complete unknown? Sure, maybe the new person would be better, but if the person you have now is "good enough", why take chances?
Admin
But if you really want to quit before the period ends, an employer can release you from the contract. But that's up to the employer.
Admin
Admin
Admin
Clearly that first developer was in such dire need of income that he hd 2 use a kbd that hd a lt of ltrs msng.
Admin
In Australia Notice Periods are in the contract, and the Employer is required to Pay them whether they ask you to come in to work on those days or not.
Admin
Funny... When I hired on at my present company, I heard rumors of the entire IT department quitting en-masse a few years earlier and I thought it was just exaggerated. Nope, according to the secretary, they all walked into the manager's office (who just so happens to be the same sort of fellow mentioned in the second story) and handed in their resignations together. In their resignation letters, they outlined the reasons they were leaving, namely poor management.
After all that, the manager still kept his job and got a promotion for "keeping the place running after the incident". Go figure...
Admin
European Companies often don't have to worry about a 2 week notice. Legally, most European nations have legislation that are biased towards companies. This gives the Employer protection. The Employees must give a notice much longer than 2 weeks..It is usually tied to the Tenure of the Employee. The longer they have been with the company, the greater the notice you must give...in most cases you are talking months!
So the companies are less likely to write those types of NDA's etc because of the laws already in place.
Can you imagine having to give a 4 month notice at your present employer...and then HAVE TO WORK THERE FOR THE NEXT 4 MONTHS!!
Admin
:-P
A while back, I had a flaky (but very nice) old Dell keyboard that regularly needed keys cleaning (they'd cut out and I'd clean the contacts inside). Finally, during one such process I managed to kill a significant number of keys permanently (I don't know how), so I was trying to type on IM with a bank of keys dead. That was ... fun. And time to grab the spare keyboard :)
I.also.remember.talking.to.someone.whose.space.bar.had.died.which.was.interesting...
Admin
Admin
If you're paying by the word "txt spk" is no cheaper than "written English".
Admin
Classifieds are often billed by the line, the character, or the column inch.
Admin
(I am not a lawyer, much less your lawyer, and this isn't legal advice.)
That language is in there to ensure that the employer can get an injunction against further disclosure of confidential information. In order to get an injunction, a party must show (among other things) "irreparable harm," which typically means "harm that can't be solved with money alone."
Admin
It's based on MOS Technology's original 6502, itself made by the same design team as the Motorola 6800.
Admin
And if you unilaterally decide not to come in anyway, they subtract the notice period from your accrued leave: it's leave without notice, and they could fire you for that, but any remaining balance is still yours.
In some industries leave without notice burns leave days at a faster rate than leave with proper agreement. Conversely, employers can't refuse to reasonably grant accrued leave.
The only thing that can loose you your accrued leave, benefits, and notice period is stealing - including cheating on your timesheets.
If you are a wage grunt you can't normally be sued for business loss (although your union can) But different if you are management or a contractor - you could be sued for business loss if you don't turn up. They'd still have to pay accrued leave though.
Admin
In traditional news speak, a 'word' is 4 characters. You get the number of words by counting the characters and dividing. Or by using a ruler.
Admin
In those countries/locales where you are "required" to give X amount of notice before quitting, I have a question: What happens to you if you break this rule? Say you just don't show up for work. Do you go to jail? Do you get your ass sued off?
Sounds pretty psychotic to me.
Admin
Admin
At smaller companies sometimes the practice is to walk the employee out, not because of trade secrets or anything, but because a bitter soon-to-be-ex-employee can be a real skunk in the office. Before you know it, bitterness spreads and collateral damage accrues.
Admin
I was working as a contractor on a badly-managed project, and after being assigned to my fourth manager in about eight months (and getting fed up of working evenings and weekends) I put in my notice. Since we were using some non-standard tools, they asked me to stay while a replacement with similar skills to mine could be found. I told them I would stay for up to six weeks, but no longer.
Five weeks later, they hired an inexperienced developer with none of the skills needed to complete the project, and asked me to train him to be my replacement. I gave them another three weeks, during which time the project manager became so frustrated at the lack of continued progress (given that I was spending 100% of my time trying to train the n00b instead of writing code) that he swept in, tossed out six months' worth of work, and started rewriting the project himself.
He called me into his office on a Friday afternoon shortly after this decision and asked me to put in another long weekend -- we had a deadline coming down soon and he still didn't think the new guy was up to the workload. I told him "no", walked out, and didn't come back to the office. I had to spend another several weeks retelling the history of the entire event for his managers, the contracting agency that had initially refused to release my final paycheck, and the co-workers who were told I had simply abandoned the project for no reason.
After that, I no longer stick around after my initially-agreed-upon final day. Ever.
Admin
In sweden, Id say you wont get any unemployment, also if future potential employers find out you did taht, you probably will not get a job. No jailtime or other punishment other than no way to earn a living I suppose.
Admin
Admin
The company I worked for while still being a university student had four people in the web department. Two students (including me) and two regular employees. When I said I would quit (1 month notice) the boss was quite shocked since he had some more projects for me. A day later one of the regulars told he wants to leave too. A week later the next and therefor last regular leaves.
Now the company only has one student who has to update and fix six big web sites. It is a hell of a job as he was never introduced in the work his coworkers have done. And the code is a pure mess as there was never the time to plan things.
But the boss doesn't know how bad things are as he is seldom at work. At the moment he is working at his new home to get things straight. Best thing to do when half of the staff quits and the other half is looking for new jobs...
Admin
The employer can tell you to use up any remaining vacation, and not to come to work any more, but they still need to pay you for the remaining notice period as if you worked.
The employee can make you work the whole remaining notice period but if you have any overdue vacation, they will have to pay you extra for that.
The employer can't 'just quit' without notice period. Not coming to work may result in all kinds of penalties just as if you didn't show up, including possibly court effects.
Both the employer and the employee are free to refuse the resignation of the other party. Doesn't matter, an attempt to hand it, with witnesses, is enough to start your notice period running.
Admin
As a further aside, it's very hard to just fire someone in UK employment law, unless they are a temp or an employer-given notice period is written into their contract. Even temporary contracts generally have some kind of notice period - I'm currently temp contracting and if my employer wants to end the contract early they have to give me 1 week's notice to finish. Remembering that I have adminitsrative access to a number of their servers, you can imagine how likely that is to happen ;^) One of my colleague here was once taken, with his entire department, to a hotel twenty miles from his place of work for a "conference" meeting with management. They were all given one month's notice, and told to go home. In the mean time every lock code, access card and network password for the entire department was revoked or changed. if you're going to sack people in the UK, be really careful about what they have access to afterwards ;^)
Admin
You may get your ass sued off (up to the resulting damage) if your not showing up caused any damage (say, they needed to recall someone from vacation, it costs lots here - the person gets ALL of the interrupted vacation period back).
If your not showing to work without notice caused death or injury, you may go to jail.
It's not psychotic, it's about civil responsibility.
Also, you lose all leaving benefits like getting paid for all remaining vacation, 2 extra days of vacation just for seeking new job, right to unemployment, salary for the notice period etc.
Admin
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I've actually been made redundant and then contracted out but the same company on the same job after my notice.
I had bothered I could have taken them to an employment thingie but it just wasn't worth it.
Admin
Yes, sure. Employers here (Germany) tend not to see it as a personal insult when you quit. Gives you enough time to finish up, take your vacation time, ... The employer has a chance to find a qualified replacement and introduce him to the job before I'm gone.
And if my employer wants to get rid of me and have me escorted from the premises (very unlikely unless I stole silver spoons or something) he still has to pay me for the next several months :-)
Just another way of handling things.