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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16014
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My employer of over 19 years is selling his medical practice.

Resolved Question:

My employer of over 19 years is selling his medical practice. He had agreed verbally to certain PTO hours to entice me to continue working for him. He also allowed for my hours to roll from year to year, when other employees were not allowed to. I am the Office Manager. His accountant received reports each payroll period from our payroll vendor, so they would have knowledge of the accumulated amount.
When I asked about what occurs with our PTO with his selling, he reluctantly said he would have to pay it out. After finding out I have over 1300 hours accumulated over the years, he is now angry. He is demanding to see in writing where he offered any benefits to any employee, etc..All I have is my notes from our verbal discussions, and the policy and procedure he had my write with regards XXXXX XXXXX obtaining more time and regarding accumulation. However, he never signed anything. Unfortunately, we all trusted him and never knew we should have him sign off on things he verbally agreed to.
What should I do to protect my money due me for my accumulated PTO, which is quite substantial. The Dr said he is hiring a H/R consultant to deal with disolving his practice and to be honest, he is not to be trusted.
Thank you for your help. I am desperate and upset after facing losing my job after 19 years.
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

if you have the notes and their was a policy that can be shown from the other employees as witnesses,

wallstreetfighter :

you can sue the employer if he fails to pay the PTO amount due,

wallstreetfighter :

PTO is a contractual agreement, and not regulated by the State, so you and the other employees should consider hiring an attorney to put pressure on the employer for your PTO rights,

Customer:

It was my understanding, after looking up Illinois Law that he is required to pay it to us. If his accountant has received copies of reports and I spoke with them about my accumulation and what would happen and they advised they believed he needed to pay it out as well, my concern is Dr will say he had no knowledge of the large accumulation. Also, years ago I gave him a copy of the PTO report and asked if he would be willing to "cash out" some of my time so it was not such a large pool and his written response was " I don't know what you are asking me".

Expert:  wallstreetfighter replied 1 year ago.
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Expert:  wallstreetfighter replied 1 year ago.
Under ILL laws "The employer is required to pay the monetary equivalent of all earned vacation to an employee who resigns or is terminated without having taken all vacation time earned in accordance with such individual employment contract or policy."

The issue in your case is whether there exists enough evidence to prove such a contract exists, so you would have to show your notes, and his history of paying PTO to other employees, and any written policies.

If you can do this, he must pay you.
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16014
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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