If my company is sold, does my former employer have to pay out accrued PTO?

UPDATED: Oct 1, 2022

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If my company is sold, does my former employer have to pay out accrued PTO?

The new company has unlimited PTO but I’m worried that if I am terminated or

choose to leave the new company won’t pay accrued PTO. Can I force my

former employer to pay?

Asked on June 24, 2018 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't force the old owner to pay unless they (the old company) terminate(d) you or you resign(ed) from the old employer: under state law, only if your employment ends, would you have the right to payment of accrued but unused PTO, so if you are or were not terminated by your old employer or did not resign from them, they did not have to pay you out any accrued PTO. This means that if you continue(d) your employment with the new employer, your employment never ended and you are not entitled to the payment of accrued PTO.

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.

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