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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I have a employee who is paid salary. She is only required

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I have a employee who is paid salary. She is only required to come in the office two days a week. Otherwise is available for phone calls. How is vacation pay handled. She is due 15 days but only takes them on the days that she is to be in the office. I have no idea where she is on the other days. How can I make sure she is not in another state on a trip the other days.
Hello and welcome to JustAnswer.

My goal is to provide you with excellent service today.

Can you confirm that the employee is 'at-will' and does not have an employment contract with you, or is a member of a union?

Can you send me a copy of the vacation policy in the handbook as well?
Customer: replied 4 years ago.

She is "at-will" and not union. I don't have the policy on hand. Sorry, I can get it a hour.


My question is that when she take vacation, she only wants to use the 15 days on the two days that she is in the office. I have no idea where she is on the other days.

Hello Kat,

As an at-will employer, you are free to change any of the terms and conditions of employment for your at-will employee at any time for any reason with or without any prior notice.

This includes policies that allow employees to work from home. So, if you have suspicions that she is not working all the time while she is 'at home' since she only uses her vacation days for days she should be in the office, you are free to revoke that policy immediately and require that she be in the office very day.

Likewise, you would be free to employ other measures to ensure that she is working while at home, and is actually working at home when she is supposed to be.

Some examples may include:

1) A daily skype session for when she is not in the office, where she contacts you from home and tells you what she has been working on that day.

2) A daily email report where she describes the work that she has performed that day and/or gives you a schedule of what she worked on that day.

Basically, as an at-will employer, you are free to change anything about the employment relationship without facing any type of breach of contract action. The worst that could happen is the employee would quit, but even if she did voluntarily resign she would not be entitled to unemployment benefits, since it would definitely not be considered unreasonable for you to require her to be in the office five days a week or maintain daily skype contact.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922 and states:

"An employment, having no specified term, may be terminated at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions.

Thanks and best of luck!
Joseph and other California Employment Law Specialists are ready to help you
Hello Kat,

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