What pay am I entitled to regarding getting my PTO upon departure?
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What pay am I entitled to regarding getting my PTO upon departure?
Recently, I placed my 2 weeks notice as my employer required me to work 60 hours but because it falls in between weeks no overtime pay. This was after a natural disaster, extreme flooding, and was not given time to get my affairs in order prior to returning to work. The following day I was notified that my employer was accepting my notice early for
Asked on September 4, 2017 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
An employer need not accept a 2 weeks notice; an employee can be considered to have quit as of the day that their notice is given. Therefore, you are not entitled to pay for the days that you expected to work. As for your PTO, in TX, employers are not required to pay workers for earned but unused vacation upon termination, unless the employer has a written policy or past practice of doing so. At this point, you can get more information and possibly file a claim for unpaid PTO with the TX Workforce Commission and/or sue in small claims court.
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