Payout of accrued vacation (PTO) time

I gave my employer 2 weeks notice prior to voluntarily leaving the company, but they are saying that they will not payout my accrued PTO time since their policy states that PTO time will be paid out at 50% as long as I give 4 weeks notice. The fact is that the company terminated its contract with the nursing facility that I work at, so therefore I am unable to give 4 weeks notice. Am I still entitled to the 50% payout of my accrued time?

1 answer  |  asked Oct 6, 2008 10:15 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
If you were constructively terminated, you may have a claim for your PTO.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, if you were constructively terminated, you may have a claim for your PTO. Generally, if the employer's policy is to require notice for payment of PTO time, that will be the rule. However, if the policy does not address what happens when the company terminates you, and you are constructively discharged (i.e. terminated in reality but not in name, such as when your contract with a client is up and you have no work from your employer), then you may have a claim for the PTO time.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Oct 7, 2008 10:27 AM [EST]

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