I work for a Florida company. I receive PTO and vacation days. It is accrued and posted on my paycheck. My paycheck stub showed PTO available. I took the PTO with the written permission of my direct manager. Now the company HR says I used too much and ter

My company posts the PTO and vacation hours earned on your paycheck stub. My stub showed PTO hours available. I would take an hour here or there but with the written permission of my manager first. The company has stated I used too much PTO and terminated me for this. I had enough vacation days earned and not taken that would have covered this overage of PTO. I offered to exchange vacation days for the PTO hours. I am not the only one this happened to. There were 5 people who had excess hours used. Only 2 of us were fired. The other three were managers and were allowed to pay back or settle with the company to reimburse the hours What recourse do I have? Shouldn't all involved either be fired or allowed to reimburse the company? Also, I am a salaried employee. My paychecks were always wrong. Never the same amount as they should be. I also was asked or expected to work over time consistently. I sometimes worked 60 to 70 hours per week with no overtime. I want my job back. The HR person said I can appeal my termination with the head of HR but I am concerned if I do that I may hurt any legal action I may take. What is the best way to handle this.

1 answer  |  asked Dec 4, 2016 08:17 AM [EST]  |  applies to Florida

Answers (1)

Phyllis Towzey
It certainly won't hurt to appeal it with the head of HR. If that is unsuccessful, then you should consult an attorney. They do not have to treat everyone the same as far as terminations (as long as they don't select who to fire based on age, race, disability, sex, etc.), but you may have a claim under the wage and hour laws if you were misclassified as an exempt employee and should have received overtime.

posted by Phyllis Towzey  |  Dec 4, 2016 1:29 PM [EST]

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