Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Can an employer keep your earned PTO time upon resignation?

Customer Question
Can an employer keep...

Can an employer keep your earned PTO time upon resignation?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Oklahoma

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There handbook states they can do this depending on state law. States your forfeit it immediately.

Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 6 minutes by:
5/12/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,360
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, under Oklahoma law, an employer is only required to pay unused accrued PTO upon separation of employment if there is a contract or policy expressly so requiring. (See Okla. Admin. Rules 380:30-1-5.) Since it appears your employer does not have such a policy, they would not typically have any legal obligation to pay your accrued PTO under the circumstances.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. 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 moving forward.

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 14,360
14,360 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I am looking to quit my job is it legal for my boss to
I am looking to quit my job is it legal for my boss to withhold my accrued PTO in North Carolina? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was forced to resign from my position prior to being
I was forced to resign from my position prior to being allowed to give my written manditory two weeks notice. Am I allowed to receive my unused PTO hrs despite the two week policy?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Can an employer deny vacation pay that has been earned after
can an employer deny vacation pay that has been earned after employee gives proper notice of intent to quit (in Ohio)?… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If you send an exempt employee for a week long training course,
If you send an exempt employee for a week long training course, where the company paid for all travel, meal, conference and lodging, can the company deduct PTO from the employee's PTO bank in the even… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,360 satisfied customers
I work for a child care company that is franchise owned. I
I work for a child care company that is franchise owned. I gave my 2 week required notice on Monday stating that my last day would be Monday, Nov. 26. They pulled me into the office and wanted to chan… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
At a previous employer I had earned 112 hours of PTO. I signed
At a previous employer I had earned 112 hours of PTO. I signed a handbook stating that if I didn't give them a two-week notice before I terminated employment, I would forfeit my accrued PTO time. I te… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I put in my 30 day notice of resignation as required by my
I put in my 30 day notice of resignation as required by my company. They then dropped my hours below full time for my last 2 weeks. At the end of my employment they refused to pay me out my accrued pa… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I work for a healthcare company(lets say A) as Physical Therapist.
I work for a healthcare company(lets say 'A') as Physical Therapist. They have contracted Therapy department in a Skilled Nursing Company(lets say'B') and I have joined this company A in January 2011.… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I have an employee that we caught stealing Do I have to pay
I have an employee that we caught stealing: Do I have to pay him his accured PTO, and if yes can I deduct the money that he stole and has not returned?… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
Hello, I am an RN hired as a weekend supervisor for a Nursing
Hello, I am an RN hired as a weekend supervisor for a Nursing Home. I did not receive any guidelines as to what was expected from me. Upon my questioning the Director of Nursing she gave me a verbal e… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Hello. I worked as a store manager, salary paid, for nearly
Hello. I worked as a store manager, salary paid, for nearly three years. I was given two weeks per year of paid time off. When I quit, I gave two weeks notice, and left amicably, but I never received … read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers
In Arizona, lets say an employee of an S corporation has earned
In Arizona, lets say an employee of an S corporation has earned PTO (paid time off which is accounted for on their paycheck each week and shows a PTO balance). If that employee leaves the company, eit… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Is a New York State employer allowed to withhold pay due to
Is a New York State employer allowed to withhold pay due to "unvested PTO" when a salaried employee resigns? I quit on June 25 and my final paycheck is supposed to be today, July 2. I am a salaried em… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My MD based employer says their policy is to not pay out earned
I am an exempt employee working in DC. My MD based employer says their policy is to not pay out earned PTO if I provide less than 30 days written notice. Is it legal for them to withhold my PTO payout… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
Is there a Hawaii State Law that requires a company to payout
Is there a Hawaii State Law that requires a company to payout earned PTO upon resignation/termination?… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I am an RN and work full-time oncall for a Hospice in Houston,
I am an RN and work full-time oncall for a Hospice in Houston, TX. At the time of hire (7/21/08) our employee handbook stated that any accrued paid time off (PTO) would be paid at time of termination … read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I gave my 2 week notice to my employer..I was expecting my
I gave my 2 week notice to my employer..I was expecting my accrued PTO to just be paid with the last check. They are now telling me 'once you submit your resignation, all sick leave and pto are forfei… read more
Kate JW
Kate JW
Attorney at Law
JD (Law)
30 satisfied customers
I acrued 40 hours of vacation time for which I was not payed
I acrued 40 hours of vacation time for which I was not payed I was told it was stated in employee handbook if terminated you are not entitled to this money is that true?… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x