If I was let go from my employer almost 2 weeks ago but was not paid for my OT hours or earned PTO, what should I do?

Asked on December 15, 2015 under Employment Labor Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) Overtime: you must be paid for any overtime you were eligible for and earned. If not, you could sue the employer (such as in small claims court) for the money. You could also try contacting the state department of labor to file a wage and hour complaint and see if they will help. (But the small claims suit is most likely faster.)
2) Paid time off: you are only entitled to be paid for PTO on termination of employment if you had a written employment contract guarantying it to you. If you had such a contract, you may sue for the PTO for breach of contract. If you did not have a written contract guarantying the PTO, they did not have to pay it to you--the law does not require PTO to be paid out on termination of employment save when it's in a contract.

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.