QUESTION
If I am resigning from my and have accrued PTO, does my employer have to pay me?
Asked on Feb 06th, 2015 on Labor and Employment - New Jersey
More details to this question:
I am trying to help out a friend who is a bit confused and afraid of retaliation. She works for a credit union been there 9+years. She has had issues with her managers, but nothing has been put into her employee file. She has found another job and wants to give her two weeks' notice. The establishment allows employees to accrue PTO. She has in her bank a week. She wants to give her two weeks' notice next week, work the first week and take the second in PTO. Is that an organization policy, or is there any law that says she can/or can't do that? Are they legally bonded to pay her out her PTO? Lastly the company as an organization receives a yearly bonus. If bonuses are given out, everyone gets one but in different percentages. It is based on 2014 objectives. She had her review in Dec, and if the organization decides to give out bonuses she would get one if she stays. Is there any law that states if she in not present or employed there that she will not receive her bonus?
1 ANSWER
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Edward J. Dimon
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Employer is required to follow the written terms and conditions in the employment manual. To properly answer your question, we would have to review employment manual. The language in the manual is normally explicit with regard to the payment of paid time off and with regard to the payment of a bonus. For example, the language for the bonus normally requires that the employee be employed at the time the bonus is paid. Please call if you would like us to review the employment manual and to give you a legal opinion as to the merits of your two positions.
Answered on Feb 10th, 2015 at 3:09 AM