What to do if I recently got let go from my job and I had 18 hours of PTO but they are refusing to pay it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I recently got let go from my job and I had 18 hours of PTO but they are refusing to pay it?

I worked at a steakhouse in Madison andthere were days that it would be really busy. This I how it all started out. There would be 3 bus tubs buy the dish area 1 for silverware 1 for anything that needed to be soaked and 1 for liquids. Well the waitstaff only used 1 out of the 3 and that was the silverware. I asked several times for them to put the dishes in order and proper places and did not listen. I got fed up with it and when they would put stuff in the wrong spot I would put them in the correct spot in front of them and they took that likeIwas gonna blow up in front of them.I did get talked to a few times and I thought I was doing good.

Asked on November 10, 2017 under Employment Labor Law, Wisconsin

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If PTO is deemed to constitute wages under state law, employers must pay it out upon termination if it has been earned by the employee. However, under company policy, if the PTO has been "accrued" as opposed to "earned," then an employer may not be required to pay it out upon termination. Concerselt, if the employee has earned the PTO pursuant to the employer's established policy, then the company cannot withhold paying it out upon termination.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption