If I’m a remote worker, what are my rights to my accrued PTO upon departure?
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If I’m a remote worker, what are my rights to my accrued PTO upon departure?
My company an LLC is headquartered in AZ but I live and work in CO. I’ve given notice of my intent to resign and have over the past year accrued PTO. The CEO is telling me that they have a
Asked on February 8, 2018 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you have an employment contract (written) which specifies which state's law to apply, apply that state's law: such "choice of law" provisions in contracts are legal and enforceable.
If not, then if you work in CO, CO law would apply; each state applies its own employment laws to people working within it, regardless of where the company is headquartered or based (so long as, again, there is no contract to the contrary). As you note, CO requires the payment of accrued but unused PTO on separation from employment; here is a link to a CO government website on the subject: https://www.colorado.gov/pacific/cdle/vacation
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