QUESTION
Are you supposed to receive your unused pto after termination?
Asked on Oct 25th, 2017 on Labor and Employment - Georgia
More details to this question:
I was recently fired from my job because I did not call a customer back. I was off on the day he called me and left a voicemail so I was not able to call him on that day. Policy stated that we have to call with in 24 -48 hours. I did and was still fired I was also written up on a day during the storm. I did not have power or internet at the time so I could not call any one. First issue is that I had 137 PTO Hours, for some reason they took was at my hours and cut them down to 80. Upon termination I had a remaining balance of 57.62 hours I was told I could not get that remaining balance because I was terminated the handbook stated that if was leave the job we do get paid the remaining balance and that’s all it says. Wanting to know am I entitled to that remaining balance
1 ANSWER
Labor and Employment Attorney serving Atlanta, GA
2 Awards
I believe the answer would be in the handbook provision that defines how you acquire your PTO hours. If they are acquired as partial compensation for work that you already performed (as compared to alotting a certain number of paid vacation hours as available at the beginning of the calendar year-before you have done any work in the year,) then you have a reasonable argument that they are contractually required to pay you the hours you earned. the law hates forfeitures, so I think the employer might have to prove a valid factual and contractual reason for taking away the hours you already had earned. You could sue for the value of the hours in magistrate's court without a lawyer.
Answered on Oct 26th, 2017 at 9:26 AM