Denied accrued PTO

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Denied accrued PTO

Hi I am not sure if yall even see these or not
but I have a question about a case I think I
have. My property management company is
denying my accrued vacation time upon my
resignation but they it to employees across
state lines. Please get back with me if you think
this is worth yours or my time

Asked on January 26, 2018 under Employment Labor Law, Mississippi

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless, such pay is required under state law, then your employer is not legally required to pay earned but unused PTO (and in MS there is no law that requires employers to pay employees for accrued vacation time upon termination). This is true even if workers in another state are getting it. The fact is that most work is "at will" which means that a company can set the conditions of the workplace much as it sees fit. That is uness such an action violates the terms of any union agreement or employment contract that you may have or constitutes some form of legally actionable discrimination (which does not appear to be the case here). Note: Discrimination in the workplace has to do with differing and lesser treatment due to a worker's race, religion, disabilty, age (over 40), gender, nationality, etc.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless, such pay is required under state law, then your employer is not legally required to pay earned but unused PTO (and in MS there is no law that requires employers to pay employees for accrued vacation time upon termination). This is true even if workers in another state are getting it. The fact is that most work is "at will" which means that a company can set the conditions of the workplace much as it sees fit. That is uness such an action violates the terms of any union agreement or employment contract that you may have or constitutes some form of legally actionable discrimination (which does not appear to be the case here). Note: Discrimination in the workplace has to do with differing and lesser treatment due to a worker's race, religion, disabilty, age (over 40), gender, nationality, etc. 


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