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Ask Tina Your Own Question
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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In early 2015 the company I work sold to a new employer.

Customer Question

In early 2015 the company I work for was sold to a new employer. During the summer they changed our vacation policy and communicated the new policy in written and oral forms. The new policy detailed how much PTO (paid Time Off) we would accrue and when it could be used. In my case, I am an exempt employee, I was told that all of my PTO would carry over into 2016 and that I would not start accruing time until my anniversary date in 2016(October). Given that plan I opted to save some of my time from 2015 to make it through the first three quarters of 2016. I and most everyone were ok with this, though it was a big change.
The problem I have now is that with three hours left in 2015 they sent out a new policy stating that effective immediately they would only allow us to roll 80 hours over into the next year. I had 176 hours accrued. The result is that I went from 176 accrued hours to 80 and would just lose the other 96 hours unless I used it before the end of the year, which was only three hours away. I live in Texas. I need to know if it is legal for them to steal my 96 hours in this manner, along with thousands of hours from thousands of other employees in Texas.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Before I ask questions about your situation, I need to make sure that you understand how the website and rating system works.

Many times in employment law situations, and particularly in Texas, the law is not in favor of the employee. When that happens we have to give the person asking the question bad news. It's true, but sometimes it's not in their favor.

On this website the customer rates us experts at the end of the question and answer and every now and then a customer is unhappy about the law and gives a negative rating. Unfortunately, that negative rating is taken by the website to be a reflection on me, indicating that I wasn't polite, wasn't prompt, or provided a wrong answer.

I'm more than happy to discuss this with you, but I just wanted to make sure that you understood how the system works and that you will rate me on my professionalism and not on whether the law is in your favor or not, since I have no control over that.

With that understanding, do you want me to discuss this in more detail with you?