Legal Question in Employment Law in Texas

Rights after Termination

Paid time off (PTO) is a benefit that is earned by an employee during the employment year. When a person is terminated from a position the facility states that the employee forfeits that PTO time. I believe that this is unfair labor practice. Since it is earned and not given, then I believe that the PTO belongs to the employee.

My question is simple. If a person is terminated with or without cause,isn't that person entitled to monies earned through the PTO system?


Asked on 7/08/03, 9:18 pm

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: Rights after Termination

A Texas company can establish whatever policy on paid time off it wishes, use it or lose it, forfeit it upon resignation or termination, etc. Thus, it is not an "unfair labor practice," which is a term used almost exclusively in the context of unionized positions. If you are a union member, your collective bargaining agreement probably addresses this issue; if you are not, it is up to the company to establish whatever policy it desires.

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Answered on 7/09/03, 12:42 pm


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