Legal Question in Employment Law in Florida
PTO time not being paid out after resignation
The company I was working was bought out. Under my original company's policy, when you resigned your PTO was paid out as long as you had 6 mths of employment. The new company required two years of employment to be paid this out when you left. I had worked for over one year, gave 30 days notice and had almost 50 hours of PTO left in my bank. The new company is refusing to pay. Do I have any right to this money?
1 Answer from Attorneys
Re: PTO time not being paid out after resignation
It depends upon the circumstances. It could be viewed that your continued employment after announcement of the change in policy constitutes aquiescence to that policy. In english this means that you accepted the change by remaining employed after they announced you would have to stay there two years to be eligible for a PTO payout.
You could have insisted they pay you the hours in your bank at the time. This, of course, would have almost certainly led to your immediate discharge.
A more balanced view would have you eligible to receive a lump sum payment of the amount in your PTO bank at the time of the policy change, as you had earned that. The company may be willing to discuss this as a resolution.
The final approach would be that you earned the PTO as it was accrued during the course of your employment.
Without seeing the original policy and the policy change it is impossible to provide an intelligent response.
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