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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12627
Experience:  Significant experience in all areas of employment law.
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I have recently been let go from my employment here in

Customer Question

I have recently been let go from my employment here in Denver. HR is saying they will contest unemployment benefits, however they are holding my accrued PTO time of fifty six hours. At fourty six dollars an hour that's a lot of money for me. The corporate office is based in Washington state. Can they legally do this ?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: I was working in Colorado.
JA: Has anything been filed or reported?
Customer: Not at this time.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That should be it.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 3 months ago.

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

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.

Customer: replied 3 months ago.
No contract, no employee hand book in my possession.
Expert:  Patrick, Esq. replied 3 months ago.

Thank you.

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.

I hope that you find this information helpful. 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.

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