Legal Question in Employment Law in California

Re: Paid vacation

Not enough information is provided to answer your question. It depends on how the company vacation plan works. Hypothetically speaking, if you have used all of your vacation from the past year and you are now starting a new year with 0 days vacations earned, it is unlikely you will have vested the entire 14 days. In most cases, when an employee leaves short of the full year, they will have earned the pro-rata portion of the full amount. So, if you resign one month into the year, you will have earned 1/12 of the full 14 days allowed. But it really depends on how the company's vacation policy is worded. This may appear in the company's employee handbook, if there is one.

The only thing they can't do is forfeit any vacation time you have already earned. Earned vacation is to be paid when you leave, assuming you give at least 48 hours notice.

Re: Paid vacation

Read the employer's vacation policy carefully. Pay particular attention to how vacation is earned and how it may be used. Do you begin earning from your first day? If yes and you completed your first year of employment on 1/17, you would be entitled to 100% of the one year entitlement. If earning is delayed (such as after 90 days of employment), your one year anniversary and your entitlement to vacation could be different. DId you use any of the days earned in your first year? Was that at a different rate? Does the entitlement to 14 days become earned (unusal) or begin accruing on your one year anniversary (more likely)?

Perhaps with this information you can review the policy and determine for yourself what is due.