Is t legal if I took a couple PTO days due to feeling harassed but quit the next week and now my employer will not pay me my PTO that I was using?

I had to use a couple PTO days last pay period. Due to feeling harassed and bullied I quit on Monday, which was a being of a new pay period. I could not subject myself to the behavior anymore. Now my ex-employer is taking the PTO time away that was already added to my time card and the manager knew I was going to use. I understand they do not have to pay me any accrued unused PTO. However, the PTO I used during my last 2 weeks. Can they just take that away?

Asked on February 27, 2019 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you had already earned or accrued those days, then they were part of your compensation and they can't take them away; you could sue for the money you are entitled to for those days, the same way you could sue if they did not pay you for hours you worked.
If you had not yet earned them but were in essence "borrowing" them against time you would earn in the future.  then since you will not be earning the time necessary to cover those days, they could take them away.


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