If i was terminted, must I still be paid my PTO?

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If i was terminted, must I still be paid my PTO?

Igot terminated from my job and my boss says she doen’t have to pay me my PTO. Is that true? I have approximately 155 hours of paid time off coming to me.

Asked on May 15, 2012 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Like most states, Minnesota does not require employers to provide PTO at all, or if the do provide PTO, to pay it out on termination of employment. Employers are free to set their own policies in this regard. If your employer's policy, as shown by an agreement, by a very strong and clear statement in an employee handbook, by memos or emails from management, or even by demonstrable past practice (e.g. what have they done with other terminated employees--paid them out?) was to pay out PTO on termination, they must pay you too, too; whatever the  employer policy is, the employer must honor it until and unless it explicitly changes it.

On the other hand, if the employer policy has been to not pay out employees who leave under conditions or situations similar to how your employment has terminated, then they do not need to pay you.


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