Released from Employment with Employment Contract. Employer refusing to pay PTO

UPDATED: Jun 12, 2009

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Released from Employment with Employment Contract. Employer refusing to pay PTO

I was “fired” from my job, I had a contract for employment. Under PTO benefit on the contract it did not say that I would not get paid my PTO. Company is refusing to pay stating company policy handbook. Contract does not reference this handbook under PTO. During exit interview employer said I was being released due to economics, restructuring. Form said I was fired due to sales results. Says I am rehireable. Also says if discharge is marked a diciplinary report is required. I did not receive this nor any reprimands. Do I have a case to fight for my PTO? I live in Arizona.

Asked on June 12, 2009 under Employment Labor Law, Arizona


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You need to take your contract and a copy of the company policy handbook, if you got one, to a labor and employment attorney in your area.  Without all the facts, including the key documents, there is no way anyone can give you reliable advice about this.

It certainly sounds like it is worth following up.  I'm not an Arizona lawyer, and this is one area where there can be differences from one state to another.  But most states see the employer as having more bargaining power, when it comes to how employment contracts are worded, so employees usually get the benefit of the doubt, if there is one.

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