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?

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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

Answers:

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.


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