If i was terminted, must I still be paid my PTO?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If i was terminted, must I still be paid my PTO?
Igot terminated from my job and my boss says she doen’t have to pay me my PTO. Is that true? I have approximately 155 hours of paid time off coming to me.
Asked on May 15, 2012 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Like most states, Minnesota does not require employers to provide PTO at all, or if the do provide PTO, to pay it out on termination of employment. Employers are free to set their own policies in this regard. If your employer's policy, as shown by an agreement, by a very strong and clear statement in an employee handbook, by memos or emails from management, or even by demonstrable past practice (e.g. what have they done with other terminated employees--paid them out?) was to pay out PTO on termination, they must pay you too, too; whatever the employer policy is, the employer must honor it until and unless it explicitly changes it.
On the other hand, if the employer policy has been to not pay out employees who leave under conditions or situations similar to how your employment has terminated, then they do not need to pay you.
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.