Legal Question in Employment Law in California

PTO - Lay OFF

I was laid off on OCT 31, 2006 and at the beginning of the year I stared with a 200 hour PTO balance which I used up OCT. Now the company has a collector trying to collect the monies back. I am in Ca and I believe the labor law states any PTO paid out cant be taken back due to a lay off am I right ?

Thanks,


Asked on 7/11/07, 11:30 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: PTO - Lay OFF

If the PTO is in lieu of vacation time and was earned by virtue of the length of your employment, it cannot be taken back. Provide any documentation you can to the agency to show this was time you had earned while employed. It should be reflected on your pay stubs.

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Answered on 7/12/07, 2:27 pm


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