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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7017
Experience:  Significant experience in all areas of employment law.
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Am I entitled to my PTO payment after I was terminated for solicitation on my lunch break?

Resolved Question:

Am I entitled to my PTO payment after I was terminated for solicitation on my lunch break? I was part time and only got 14 hours of PTO, but never used them. I've received my last pay check for the last pay period, but it doesn't include the PTO. I'm 18 years old in Washington state.
Submitted: 9 months ago via EmployeeIssues.
Category: California Employment Law
Expert:  Patrick, Esq. replied 9 months ago.
Good morning and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

I am very sorry to hear you were let go. In the state of Washginton, employers have no legal obligation to provide employees with PTO and so the law affords employers a great deal of discretion to determine how and when it can be used and what happens to accrued time upon separation of employment.

Generally, an employer will only be liable to pay a departing employee for accrued PTO if it has an established policy of doing so. Take a look at your employee handbook and/or employment contract to determine whether such a policy exists and if so, whether you have complied with its terms in order to receive your accrued time.

If your handbook and/or contract are silent on the issue, Washington courts have held that the employer has no obligation to pay for accrued time. See Lapo v. Avalon Music, Inc., 2001 Wash. App. Lexis 1156 (2001)

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7017
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you

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