Legal Question in Employment Law in Pennsylvania

I was emploed with a company for 2 plus years. They eliminated my manager position and offered me a lower paying position. I declined and they asked me for my two week notice in writing. I had stated my last date of employment as 3-9-10. I had accrued 80 hours of pto time which i never used in the last two years. i put my paperwork in for the weeks of 3-10-10 to 3-24-10. They tell me I cannot have my pay for these hours since my last date of employment was 3-9-10. The pto time as stateon on our pay stubs has no monetary value it is simply a way to be sure managers take a vacation. We do get paid when we use these hours. Can you help me?

sally


Asked on 3/19/10, 9:25 am

1 Answer from Attorneys
Terence Sean McGraw Warren & McGraw, LLC

Entitlement to PTO time after a separation is entirely a matter of company policy. You should check your employee handbook. It is legal for an employer to require you to be employed at the time you request PTO.

If it looks like your employer is not following its own rules, or is not applying the rules in a consistent fashion, contact a lawyer for a free consultation.

There should be no issue regarding your entitlement to unemployment compensation. If you have not applied, do so.

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Answered on 3/29/10, 4:22 pm


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