Legal Question in Employment Law in Minnesota

I recently ended my employment with my employer and received a letter today that is telling me that PTO (Paid Time Off) needs to be payed back. It reads as follows:

PTO Payback

136.00 - 100.65 = 35.35 hours

35.35 hours * $12.58 = $444.70

Final Paycheck Amount: 495.54 - $444.70 = $50.84 (Earnings - time taken off in excess of earned accrued PTO)

The time frame listed is from April to December, and is simply saying that because my employment ended at the end of December and not March I have to pay that money back. Can they do this?

This is in the state of Minnesota.


Asked on 1/02/14, 7:26 pm

1 Answer from Attorneys
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Full details of your agreement with your prior employer would need to be known in order to provide you with legal advice. Generally, MN law considers PTO to be contractual in nature. Generally, employers are not to make improper deductions from the employees' paychecks but governing law does not apply to every employee and every possible circumstance. This website provides general information and is not legal counsel. Tricia Dwyer Esq., Tricia Dwyer Esq. & Assoc PLLC, phone 612-296-9666, Employment Law.

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Answered on 1/03/14, 5:14 am


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