Does an AZ employer have to pay out unused vacation when you leave the company? (wages, legal)

[Rick Lee]

At my job we accrue vacation. So 20 days per year is .833 days per pay period or 1.66 days per month. I just gave my two weeks notice this past Monday. I have two vacation days left and they're telling me my last day has to be 12/23 and they won't let me use the two days I have left. I asked if I could just take off the next two days and then come in Mon. and Tues. next week. Nope. And they won't pay those unused days out. Is this legal?

Also, as we are paid commissions quarterly, they will prorate my Q4 commission by a week, even though I said I'd be happy to come in 12/30 and 12/31 so I'll have the full Q4. Nope, won't let me. We have no billing past this Friday, so from a revenue standpoint, I will be there for the full quarter. Do I have any legal recourse when they dock my Q4 commission payout by a week?

[LBTRS]

No, they do not have to in Arizona. Most companies have a policy on when they will and when they will not pay out accrued PTO on an employee leaving. Most won't let you use accrued vacation to meet the recommended notice period.

I don't pay out accrued PTO if they fail to give proper notice or if they are terminated for cause.

It depends on your commission structure. You may have legal recourse if your commission is earned based off specific work you did that had a specific commission for that work regardless of when it is paid.

LBTRS, MHRM, SPHR
HR Director

[Rick Lee]

But I gave proper notice and they just made this policy up on the fly. Employee handbook says otherwise.

[LBTRS]

Originally Posted by Rick Lee

But I gave proper notice and they just made this policy up on the fly. Employee handbook says otherwise.

They will lose a legal challenge every time if they are not following their own policy.

The proper notice is my companies policy, your company might not have the same policy as to when they will and won't pay out accrued PTO.

[Finger Laker]

I've left two national companies and the ledger was settled each time .... Both showed me the door on notice day and paid me two weeks in addition

[Zippyman]

Originally Posted by Rick Lee

But I gave proper notice and they just made this policy up on the fly. Employee handbook says otherwise.

Two weeks notice is for suckers.

Burn all your vacation/sick time, quit on the day that's most advantagious to you financially (usually the day before your new job starts).

Most companies aren't giving "references" anymore (good or bad) & you've now seen personally what "doing the right thing" gets you.

There is effectively no enforcement of labor laws in Arizona, except in the most grievous cases (and even then, the employee is often doing "self" enforcement via a civil suit), so just embrace the "suck" & look out for #1.

[Bungle]

If your company has a policy to pay out vacation time as earned wages then yes they are required to. Here's the Arizona statute on this stating that all earned wages are due to the employee.

Format Document

*after more searching*

Here's another quick article.

Pay unused vacation time? Depends on company policy

Basically it sounds like if your company has paid this out to other past employees they are required to do so for you. If it's their policy to NOT do this then they don't have to. Personally I would re-read your employee handbook and request a meeting with your HR person to look into this further. Good luck!

[Bungle]

Originally Posted by Rick Lee

But I gave proper notice and they just made this policy up on the fly. Employee handbook says otherwise.

I just saw this comment and that your handbook says they do have to pay you. You are then 100% entitled to that pay. Don't back down!

[observer53]

Contact the Labor Department at the Industrial Commission. They may have a process that will help you.

http://www.ica.state.az.us/Labor/Labor_WagClm_main.aspx

[AZgarden]

Eh. Is it worth all the time and trouble?
Employers in AZ pretty much do whatever they want to.