What to do if I recently got let go from my job and I had 18 hours of PTO but they are refusing to pay it?

UPDATED: Oct 1, 2022

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What to do if I recently got let go from my job and I had 18 hours of PTO but they are refusing to pay it?

I worked at a steakhouse in Madison andthere were days that it would be really busy. This I how it all started out. There would be 3 bus tubs buy the dish area 1 for silverware 1 for anything that needed to be soaked and 1 for liquids. Well the waitstaff only used 1 out of the 3 and that was the silverware. I asked several times for them to put the dishes in order and proper places and did not listen. I got fed up with it and when they would put stuff in the wrong spot I would put them in the correct spot in front of them and they took that likeIwas gonna blow up in front of them.I did get talked to a few times and I thought I was doing good.

Asked on November 10, 2017 under Employment Labor Law, Wisconsin


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

Answered 5 years ago | Contributor

If PTO is deemed to constitute wages under state law, employers must pay it out upon termination if it has been earned by the employee. However, under company policy, if the PTO has been "accrued" as opposed to "earned," then an employer may not be required to pay it out upon termination. Concerselt, if the employee has earned the PTO pursuant to the employer's established policy, then the company cannot withhold paying it out upon termination.

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