My job was eliminated after 5 years of service because the office I was working for wasn't profitable for the comany anymore. I was told I would only receive half of my pto. Is that against the law?

I have 150 hours of unused pto. I was pulled into the office this week and was told that because the office isn't making a profit that my job was being eliminated and that they would pay me one months severance and half of my pto. I believe I should receive all of it because my job was lost through no fault of my own.

1 answer  |  asked Oct 17, 2015 10:06 PM [EST]  |  applies to Pennsylvania

Answers (1)

Scott Leah
Pennsylvania law does not require that an employer pay out accrued but unused time off at the time of termination. Nor does Pennsylvania law require any type of severance pay at the time of termination.

However, if you have an employment contract or employment agreement that provides that you will be paid for your accrued time off at the time of termination, or the employer has a policy of paying accrued time off at the time of termination (such as in a handbook or a PTO policy), then Pennsylvania law will enforce the same under the Wage Payment and Collection Law.

You need to review any agreements you have with your employer, and any policies your employer has, to determine whether you have a right to all of your PTO time. If you don't have that right, then the only way you will get paid any of it is through whatever severance pay you can negotiate with your employer.

posted by Scott Leah  |  Oct 19, 2015 05:36 AM [EST]

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