I gave 30 days notice to my employer, but they are only paying me 80 hours of my 151 hours of accrued PTO

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I gave 30 days notice to my employer, but they are only paying me 80 hours of my 151 hours of accrued PTO

As a director of the company, without even checking what the policy, I voluntarily gave 30 days notice of termination of my employment. I worked every day of the 30, training up my replacement and wrapping up all open tasks. New Link Destination
day, I find out that I will only be paid out 80 hours of my accrued 151.70 hours of PTO. I have never had this happen to me in the past, it feels very wrong. When I questioned it during my exit interview today, I was told ‘yes, this is one of Brookdales least favorite policies’ by the HR representative. Is this legal? I live in Tennessee.

Asked on August 17, 2018 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your state does not require the payment of accrued but unused vacation time when employment ends. It is up to the employer to decide whether or not to pay for unused time--and how much time, and/or at what rate, to pay for--when employment ends, and the employer is free to set its own policy in this regard. So if their policy is to pay only up to 80 hours, that is legal and you cannot do anything about it.


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