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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20357
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was terminated because two families complained. I am a nurse

Customer Question

I was terminated because two families complained. I am a nurse and had worked there 11years. They now refuse to pay me my PTO time I had accrued, 58 I entitled to receive this pay?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Thank you for the information, can you please tell me what State you worked in and if your employer had any written policy about payout of unused accrued PTO upon termination?
Customer: replied 2 years ago.
Ohio. Family operated business.
Customer: replied 2 years ago.
Unaware of ant policy, but they change things, as they see fit.
Expert:  Marsha411JD replied 2 years ago.
Alright, thank you, ***** ***** didn't answer the second part of my question, I will go ahead and address what the law in Ohio says about this issue. The law in Ohio is that if the employer has a written policy that says they will not payout unused accrued PTO or paid leave, then that is legal and they would not have to pay out that deferred benefit. However, if they have no written policy, it is considered deferred pay and is due upon termination just like other wages.
So, if the latter situation applies to you, there are two options. One is to file a wage claim with the Ohio DOL, or you can file suit in small claims court.
Please let me know if you need any clarification.