Get Legal Help Today
Secured with SHA-256 Encryption
I live in TN and have been employed with a company out of Texas over the past 3 months. They just informed me the position was changing and being redirected under the CFO in Texas. They let me go under with a no-fault termination and offered me 80 hours of severance. The termination letter did not address the 36 hours of PTO I had accrued. I was eligible to use the hours but they said they wouldn’t pay me for them. I never received any employee handbook that discussed the PTO policy. I’m afraid if I push for the PTO hours, they will just rescind the severance they offered me. I haven’t signed the final paperwork yet. Can they withhold my PTO payout from me?
Asked on July 18, 2018 under Employment Labor Law, Tennessee
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
In the listed state (Tennessee), PTO only has to be paid out if there is a written employment contract or firm, unequivocal employer policy to pay out such on termination of employment. Without an agreement or voluntarily adopted employer policy, they do not need to pay you for accrued but unused PTO.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.