Is it illegal in wisconsin for a employer to refuse to pay PTO that an employee accrued when they leave the company?

UPDATED: Sep 30, 2022

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Is it illegal in wisconsin for a employer to refuse to pay PTO that an employee accrued when they leave the company?

I gave 2 weeks written notice that I was leaving. However, before my time was done they honored my departure early but refused to pay my 80 hours of PTO.

Asked on November 29, 2016 under Employment Labor Law, Wisconsin


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

Answered 6 years ago | Contributor

In WI, a worker has to be paid any vacation time that they have earned. That having been said, sometimes there is a rule that employees will be paid their accrued vacation if they give notice before they quit. Although you indicated that you gave 2 weeks notice, did you read the employee handbook, union agreemnt or employment contracte what the specific rules are? Also, did ask co-workers if the company has paid other employees their accrued time when they left? If after doing so you still feel that your rights have been violated, you can file a claim with your state's department of labor and/or consult directly with a local employment law attorney.

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 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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