How do you get an employer to pay for unused PTO?

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How do you get an employer to pay for unused PTO?

I have worked for this company for 9 years. I recently put my 2 week notice in. Now that my 2 weeks are up, the employer won’t pay for the vacation, personal and sick days that I have (but before this they always paid them if I didn’t use them before the year was up). So how can I get them to pay?

Asked on July 30, 2011 Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to read the employee handbook for your employment assuming there is one as to accrued and earned benefits and payment for such at the end of your employement. Its terms on the subject, assuming there is reference to such typically control unless there is state law to the contrary.

If there has been a custom and practice of your soon to be former employer paying in the past for accrued vacation, personal and sick days that you have earned, then you have a legitimate claim for these items.

If your soon to be former employer refuses to pay for these items ask him or her why an conform the rationale in a written letter keeping a copy. If the rationale is unacceptable, then your options are a complaint with the labor department and/or a small claims court action.  

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to read the employee handbook for your employment assuming there is one as to accrued and earned benefits and payment for such at the end of your employement. Its terms on the subject, assuming there is reference to such typically control unless there is state law to the contrary.

If there has been a custom and practice of your soon to be former employer paying in the past for accrued vacation, personal and sick days that you have earned, then you have a legitimate claim for these items.

If your soon to be former employer refuses to pay for these items ask him or her why an conform the rationale in a written letter keeping a copy. If the rationale is unacceptable, then your options are a complaint with the labor department and/or a small claims court action.  


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