Can my employer be forced to pay me the PTO accrued after they let me go for lack of work, if their Policies and Procedures Handbook does not specify such?

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Can my employer be forced to pay me the PTO accrued after they let me go for lack of work, if their Policies and Procedures Handbook does not specify such?

Asked on January 7, 2016 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, they cannot be forced to pay: the standard or default is that employers do NOT pay out unused PTO on layoff, termination, etc. Rather, an employer in your state only has to pay out unused PTO if you had a written employment contract which guaranteed you this payment.


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