What can I do if my last job is trying to cut my PTO from my last check and every time I talk to them it’s a different story?

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What can I do if my last job is trying to cut my PTO from my last check and every time I talk to them it’s a different story?

I gave my 2 weeks notice at the job I was at and started at my new job after my 2 weeks. I had told my boss on the 23rd of March that I’m giving my to weeks, as well as my resignation paper. My

second day at my new job I got a call from my old job to let me know they were making out my last check which was on Wednesday the 4th of April. I got my check and my PTO of 160 hours was not

added which it was supposed to be I called the office on the 20th the day I received my check to find out why my PTO was not on my last check. They told me they didn’t get my resignation papers until the 12th so it was not added in my last check which doesnt make sense because they called me on the 4th letting me know they were cashing out my last check they ended up telling me they would figure it out and send my check for my PTO right away. Well today is the 1st of May and no check, so I called the office and got a story of they sent it out to me I should have gotten it when I’ve checked my mail everyday since the 20th to see if it arrived. I work in the underground mining industry so 160 hours of PTO equals out to about $3,500-$4,000 and they were not happy about my

resignation. Can I take this to court?

Asked on May 1, 2018 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You have a right to the money in your state, so if you never receive it, you can clearly sue them for the money. But there is no point in suing if it is coming, even if it is somewhat late: long before your case could possibly come to trial (even in small claims court), you will have received the pay, rendering the case moot.


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