Should I fight for unused PTO pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Should I fight for unused PTO pay?
I received e-mail in early morning on my last work day from senior manager stated
that she approved to pay my unused PTO in term of vacation days. Then 2 hours
later I got fired with cause and excluding PTO pay. The cause was a customer
complaint that I said something bad about organization. I got caught in the middle of
politics in organization. I wonder I should fight to get PTO pay due to I have an e-
mail that stated I will get pay for that. Thank you.
Asked on May 16, 2016 under Employment Labor Law, Michigan
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
In most states, including yours, an employee only has a right to be paid accrued vacation time if there is a company policy (usually in the handbook) or a union agreement or employment contract that says workers will be paid such time when they leave. This is because PTO is a discretionary benefit given by an employee; it is not legally mandated to be given. Therefore, an employer can typically choose to pay it or not, whether or not an employee is fired for cause.
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.