Legal Question in Employment Law in Florida

Personal Time Off

Three weeks ago, I gave 4 weeks notice to my employer of my intent to resign. I gave 4 weeks to allow them time to find a suitable replacement.

Before the 2nd week was over, I accepted a counter offer from my current employer.

Based on a verbal agreement I had with the president, I was expecting a certain level of pay and now it is 10% less than agreed upon.

I am now going to resign again, with a written two week notice.

Our company employee manual states that employees with greater than 2 years of continual service (I have 7) and with a 2 week notice before resigning, will receive the balance of the paid time off.

I have about $2500 worth.

Am I entitled to the $2500?

Thanks in Advance.


Asked on 4/24/08, 7:08 pm

2 Answers from Attorneys
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: Personal Time Off

If you follow the rules, yes if that is company procedure. Absent the company rule, you would not be entitled to the PTO as there is no state law requiring it to be paid to employees who leave or are terminated.

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Answered on 4/25/08, 2:21 pm
Matthew Z. Martell Law Office of Matthew Z. Martell, P.A.

Re: Personal Time Off

It would appear so. However, be advised that Florida law clearly states that employee manuals are not binding contracts. In should, you can't contractually hold your employer to what is states in your employee manual. To be safe, I would give him 3 weeks notice now again in writing.

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Answered on 4/24/08, 8:13 pm


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