Legal Question in Employment Law in Virginia

My old employer's employee handbook indicates that I would be paid for accrued pto time at time of last pay date. I was told that they do not pay PTO for terminated employee's so I asked more specifically about the section in the handbook, their response then was that as of 2004 the owner signed into effect that PTO was not able to be carried over - my employment began in 2010 and that is not in the copy I received so now they are using a disclaimer in it. Am I entitled to payment for my time? It doesn't make sense that they could hold me to their change if they changed it in 2004 and my employment began in 2010. I believe they owe this to me. Please let me know how to go about this.


Asked on 3/01/11, 5:09 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, you're wrong. Virginia employers are under no obligation to neither

provide PTO to their employees nor to compensate employees for such time accrued unless it's pursuant to the terms of an enforceable contract of employment or collective bargaining type of agreement.

Furthermore, in most cases the employee's handbook is not legally sufficient

to constitute such a contract no matter who signed it or when it was signed into effect.

Read more
Answered on 3/01/11, 7:09 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in Virginia