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Do you have a contract or employee handbook that says what happens to the PTO upon termination? If so what does it say? I very much look forward to helping you on this matter.
Under Colorado law, employers are not required to offer any PTO at all and so the law defers to the employer's policies with regard to what happens to accrued but unused time upon separation of employment. Without a contract expressly entitling you to payment for this time, your only option would be to argue that there was an implied contract based on your employer's past practices with other departing employees. If you can show that they consistently paid accrued time to other departing employees and that you had a reasonable expectation you would be paid as well, you can argue breach of contract on the ground that there was an implied contract. But unless your employer's past practices would allow you to make such an argument, you would not typically have any legal basis to claim payment for this time. Your only other option would be to attempt to reason with your employer.
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