Leaving my law firm and have 13.5 days vacation time left over and it’s 6 weeks until I start my new job. Do I take off a week or two before giving my two weeks notice or just take the check? I’m worried because work was slow at the start of COVID and I didn’t work full time for a few weeks, so wondering if they can take vacation time from me because of this missed time?

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Life is short. Take the vacation.

You don’t owe anyone anything, least of all a law firm.

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Take the time, if you can swing it! Not all firms pay out unused vacation time - mine doesn’t.

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Take the time!!!

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Check your state's laws. Some states view accrued vacation as a benefit that must be paid out, some don't. If you're in a payout state, enjoy that time free of obligation to any job. I've been able to swing a complex unemployed week here and there and it is truly the most restorative time.

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Take the time unless you need the cash!

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How much gets paid out when you leave per your current firm’s policy? If you’ll get the accrued vacation pay regardless, then just put in your notice.

But obviously don’t leave vacation pay on the table. That was part of your accrued comp and you earned it. Would your bosses be offering you a special exit bonus now if you had billed at a 3000hr pace during your first month? No? Then don’t feel bad that you’re not giving money back to them.

As an employment lawyer, I can’t imagine a firm would have a written policy stating it is paid out, and then renege on that. Many states defer to written policy, if they don’t otherwise require a pay out.

I took 2 weeks off before joining my current firm, and it was amazing. Take the time if you can swing it!

Assume the day you notify them you are moving on will be your last day. But, also assume you won’t be able to take vacation time at your new firm for quite some time.

So, eat ramen noodles and Mac n cheese just in case, notify the firm as early as is reasonable (i.e. not your last day) and take time off between the end of your current job and beginning of your new job so you can get your personal house in order before you start at the new firm.

You need time to wrap up your cases and provide transition memos anyway so don’t wait too late to notify them. But, expect to be shown the door immediately as well, just in case they do that. They may not, but they may.

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