Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

If any employee didn’t formally request Pto but the employer…

Customer Question
If any employee didn’t formally...
If any employee didn’t formally request Pto but the employer told the employee to take a week off using there paid time off but will be laying you after those 5 days are over. Does the employee have to accept that used pto even tho the employer is telling them not to come in. Hence not paying the employee the earned pto at time of dismissal?
Submitted: 1 month ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 minutes by:
3/20/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 1 month ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,890
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

Under these circumstances it really makes little practical difference whether the PTO time is used during the week off or paid at the time of the dismissal as either way the employee with being compensated for the full value of the PTO by the end of the week. That said, an employer is free to require an employee to use PTO to cover time off. This is permitted because the law does not require employers to offer any PTO at all. Since that is the case, the law affords employers tremendous discretion with regard to how and when that time is used.

I hope this answers your question. If there is anything else I can do for you, just let me know. It's my pleasure...

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Can’t the employee refuse the pto making it so they have to pay out the pto and not prolong the situation?
Employment Lawyer: Patrick, Esq., Lawyer replied 1 month ago

The employee could quit. In that case, the PTO would become due within 72 hours of the employee providing notice of their resignation. Alternatively, since any unused PTO has to be paid out immediately upon termination, the employee could argue that by putting the employee on a week-long leave followed by termination, that for all intents and purposes the employee is being fired immediately, since the practical effect is to immediately cut off any further employment. That being the case, the employee could argue that they are entitled to immediate payment since the "termination" is occurring immediately.

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 13,890
13,890 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:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 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

3,991 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.

< Previous | Next >

Related Employment Law Questions
What is the cost of this service? My husband accrued PTO and
Thank you. My husband accrued PTO and hit the ceiling with the amount he could accrue. He found out yesterday that he was demoted, but has not signed the paperwork accepting it yet. He put in for the PTO prior to signing the new contact. My question: Will he receive his PTO at the rate in which he accrued it or will it be at the demotion rate? … read more
Eric Yepez
Eric Yepez
Law/J.D.
37 satisfied customers
I have a question about my company changing PTO policies and
I have a question about my company changing PTO policies and what rights I have? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,149 satisfied customers
Can a company have different PTO policies for different
Can a company have different PTO policies for different level of employees? For example one for professionals (i.e. doctors/nurses) and one for administrative staff?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Is it illegal for an employer to you down for PTO when you
Is it illegal for an employer to mark you down for PTO when you work a full day at home and then upon your return judge how much they think you worked after the fact? This was threatened in an email w… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If any employee didn't formally request Pto but the employer
If any employee didn't formally request Pto but the employer told the employee to take a week off using there paid time off but will be laying you after those 5 days are over. Does the employee have t… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,890 satisfied customers
My employer gave me 4 weeks of PTO at the beginning of the
My employer gave me 4 weeks of PTO at the beginning of the year. I could take it anytime I wanted. Now that I am leaving, do they have to pay me for my unused time? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,757 satisfied customers
I went on scheduled PTO for surgery. My manager didn't
I went on scheduled PTO for surgery. My manager didn't approve the PTO and my paycheck was short the PTO. I still have not been compensated and it's now 10 days past the payday. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
505 satisfied customers
In NC, if you're given PTO time at the start of the year and
Good morning. In NC, if you're given PTO time at the start of the year and are laid off, is the employer required to pay you for that? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Our PTO and Vacation statement in our employe handbook is
Our PTO and Vacation statement in our employe handbook is nebulous. I am a national guard member who utilized 16 hours of PTO. One for my military duty on Thursday and one for my personal needs. They … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,890 satisfied customers
Can an employer make you take a payout of your PTO accrued
Can an employer make you take a payout of your PTO accrued time if they changed the policy last week and I'm submitting my resignation tomoorw? … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
13,890 satisfied customers
I have worked for a company for seven years and offers PTO.
I have worked for a company for seven years and offers PTO. In the seven years I have never had a supervisor tell me I have to use it when I want to take time off (not vacation). Now this supervisor s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My employer amended its pto policy and for those who have
My employer amended its pto policy and for those who have been with the company for more than 10 years has lost 40 hours. So instead of 192 hours pto per year its been reduced to 152. This amended pol… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,152 satisfied customers
Our PTO time is use it or lose it by the end of the fiscal
Our PTO time is use it or lose it by the end of the fiscal year with no payout when separating. One of our employees just gave two weeks notice and wants to use all her PTO time which means we will ne… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,757 satisfied customers
Was recently off. I had 200 hours of PTO and company won't
Was recently laid off. I had 200 hours of PTO and company won't pay it out. Others were laid off and got 3 months severance and I only get 2 weeks. They said I'm under new policy then the person that … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
My current employer is requesting I change my PTO policy. My
Hi! My current employer is requesting I change my PTO policy. My offer letter notes unlimited PTO; however, 8 months later they are noting that was an incorrect statement and the company offers only a… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,152 satisfied customers
I have 2 questions regarding PTO (personal time off). When a
I have 2 questions regarding PTO (personal time off). When a person leaves a place of employment, can employer not give unused PTO to employee? Also, if employee has to leave work early because of low… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,149 satisfied customers
I was terminated from a company and was refuse my PTO (payed
I was terminated from a company and was refuse my PTO (payed time off) hours that was already accumulated. … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,757 satisfied customers
My employment was terminated during a pre-approve PTO for a
My employment was terminated during a pre-approve PTO for a funeral of a family friend. There were two services and the body was cremated. I told my employer I was attending both services. During the … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 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