I work in Florida, what are the laws in regards to PTO payout?

I worked for a company that was going through a lot of financial issues. They reduced our work week to 4,8 hours days to save money. I have since found another job and have PTO owed to me. They are not disputing this, however they are now trying to pay me the PTO hours at a reduced rate. I have the employee manual and it does not state that anywhere. As a matter of fact, it also states that they were to pay other benefits which I did not get. They took the 4 day work week pay and divided it by 40 hours to get the hourly pay for the PTO hours payoff. Is this legal?

2 answers  |  asked Jun 2, 2011 11:02 AM [EST]  |  applies to Florida

Answers (2)

Alfred Roush
Ms. Towzey is correct, Florida does not treat a handbook as an employment contract and Employers may amend it anytime.
If they are offering to pay a reduced rate of PTO and you already have another job be careful that there are no "strings" attached like "non-compete". Certain provisions may restrict your ability to work in your industry/area. It may not be worth accepting the PTO if you will be working for a competitor and they require you to sign a non-compete.

Its important to consult an employment attorney if you have questions regarding separation or severance compensation and your rights.

Employment Attorney Alfred Roush
Alfred M. Roush, PA
607 Bay St.
Tampa, FL
Office- 813-251-0107

posted by Alfred Roush  |  Jun 28, 2011 07:30 AM [EST]
Phyllis Towzey
Under Florida law, unless you have a written employment contract entitling you to receive payment for PTO when you leave the company, there is no law that requires a company to pay PTO time to you. They cannot pick and choose who they pay based on discriminatory considerations such as age, race, sex, religion, national origin or disability; however, they can decide to pay no one PTO. They can also decide to pay at a reduced rate, so long, again, as they aren't discriminating. An employee handbook is not treated as an employment contract under Florida law. An employer can change the provisions of its handbook at any time. My advice would be to accept whatever payment they are offering you.

posted by Phyllis Towzey  |  Jun 2, 2011 12:54 PM [EST]

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