I opted to use my vacation time for my 2 weeks notice

UPDATED: Sep 30, 2022

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I opted to use my vacation time for my 2 weeks notice

Now my former employer is refusing to honor that, even though I had far more than
2 weeks work of time to be used or paid out. Is there anything that can be done?

Asked on November 28, 2016 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your employer is NOT required to let you use vacation time for notice; they can treat your notice that you are leaving work and not returning (i.e. using your vacation time, then not coming back) as effective immediately; or alternately, unless you had a written employment contract preventing your termination under these circumstances, they could simply terminate you, since except to the extent your employment is protected by written conrtract, you are an employee at will and may be terminated at any time, for any reason. So there are two different grounds under which they could refuse to allow you to sue vacation for notice and they are also not required to advise you of that in advance--once you give notice, you take your chances about how long you'll have (as indeed, you take your chances *every day* at work unless you have a written employment contract, since employment, without a contract, is employment at will and may be terminated at any time).

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