Good afternoon. I was terminated from my job, due to what the company's owner felt was "insubordination" on my part, namely informing the owner of employees that were stealing or abusing others. These employees had already been caught several times by other coworkers. The owner refused to listen to me or others about these employees, and terminated me immediately. Upon my termination, the owner also cited the Employee Handbook in pointing out that employees that are terminated due to insubordination are ineligible to collect their accrued PTO. However, I filed for unemployment, and not only received it, but received a letter from Unemployment Compensation stating that not only were my actions NOT insubordinate, but that I had actually done exactly what I should have. My question is that, since UC ruled that I was not insubordinate, does my former employer owe me my PTO? I had almost one hundred hours accrued at the time of my departure. Thank you for your time.
The ruling by Unemployment is not exactly binding on other actions. Nevertheless, you are still entitled to all your accrued and unused vacation time regardless of whether you were insubordinate or not. You should consult with an attorney what may be a retaliatory termination and file for your unpaid paid time off with your state Dept of Labor
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