QUESTION
Can an employer retroactively decide that he does not have to pay out PTO that has been promised.
Asked on Jan 09th, 2013 on Employment Contracts - Utah
More details to this question:
In August of 2012 i separated from my previous employer. At that time our company policy stated that all PTO would be paid in full. Due to financial struggles the company was having I agreed that they could pay me later when they had the money. 5 months has passed and I was reassured that I would be paid my PTO. Today I got an email with a memo stating their new policy dated Jan 2, 2013 does not grant PTO to employees who voluntarily left their employment. This new policy takes effect immediately and retroactively through 2012. Can my former employer do this to me? I am owed 82 hours of PTO!!!!!!!!
1 ANSWER
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Paid time off is not regulated by state or federal law. It is a matter of contract between the employer and the employee. Like most other agreements, an employer cannot normally modify the agreement "retroactively" without your approval.
Depending upon your rate of pay, it may or may not make sense for you to get an attorney to help with your case. Utah has small claims courts, precisely for the kind of case where a person can easily represent himself. If there are other facts not stated in your question, or anything else that makes you think that you might have a much more significant claim, then you should talk to a lawyer to get advice specific to your situation.
Answered on Feb 05th, 2013 at 2:00 AM