If I was let go from my employer almost 2 weeks ago but was not paid for my OT hours or earned PTO, what should I do?
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If I was let go from my employer almost 2 weeks ago but was not paid for my OT hours or earned PTO, what should I do?
Asked on December 15, 2015 under Employment Labor Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) Overtime: you must be paid for any overtime you were eligible for and earned. If not, you could sue the employer (such as in small claims court) for the money. You could also try contacting the state department of labor to file a wage and hour complaint and see if they will help. (But the small claims suit is most likely faster.)
2) Paid time off: you are only entitled to be paid for PTO on termination of employment if you had a written employment contract guarantying it to you. If you had such a contract, you may sue for the PTO for breach of contract. If you did not have a written contract guarantying the PTO, they did not have to pay it to you--the law does not require PTO to be paid out on termination of employment save when it's in a contract.
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