If my separation agreement says i am entitled to 21 days of PTO, when really it is 21 hours, if I sign the agreement, can I hold them to the 21 days?

I was let go from my job yesterday. My separation agreement that I received yesterday says I am entitled to 21 days of PTO, when really it is only 21 hours. I have only been with the company 2 months when they underwent a large reduction in staffing. If I sign the agreement and their COO signs it, can I hold them to the 21 days of PTO?

Asked on January 23, 2018 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You likely cannot hold them to 21 days if you have in fact only earned 21 hours. Typing/writing "days" instead of "hours" is a typo, and it is easy to verify the correct amount--and you evidently know the correct amount, and so cannot even claim that you in good faith thought it was 21 days. The law will not enforce obvoius errors, but rather will correct contracts to what the facts show was intended.

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.