Legal Question in Employment Law in Florida

PTO rights upon termination

I was employed for nearly 6 years in a private medical practice. I had only a verbal contract. During those 6 years I had been allowed to roll-over up to 80 hours of PTO eventhough I was a part-time employee. In Janurary '09 I saw only 40 hours had been rolled over. I went to the newest administrator, asking for this to be fixed as well as a written contract as there had been many changes since her hiring 8 months earlier, and she said she'd look into it. Four days later I was laid off and told I would only be granted my 40 hours. I have check stubs for the last 5 years proving I was allowed to roll over up to 80 hours. Do I have a legal right to thise additional 80 hours? Could I go to small claims court? Can you provide me the state statutes that may be supportive of my arguement?


Asked on 4/05/09, 4:17 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: PTO rights upon termination

You have a contract and appear to have documented support for the terms of the agreement, so I would first write the medical professional requesting the payment for the paid time off. It is possible that there is a wage and hour violation as well, but your quickest and easiest route would probably be small claims court.your

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Answered on 4/05/09, 6:30 pm


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