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I recently resigned from my job.The first pay stub of the…

I recently resigned from...

I recently resigned from my job.The first pay stub of the year showed I had 128 hours paid vacation time. On the check for the pay period of 4/9/18 to 4/22/18, 2.77 hours was deducted leaving a balance of 125.23 hours.I gave my resignation notice on 4/27/18 stating my 2 week notice would begin on 4/30/18.On the pay period of 4/23/18 to 5/6/18, my pay stub still showed a 125.23 balance of vacation time available. My last day to work was 5/11/18. When I received my pay for 5/7/18 to 5/20/18, the pay stub showed that I had been paid for 44 hours of vacation time and that I had a balance of zero vacation hours. In the employee handbook it states that "any accrued unused PTO (paid time off) will be paid in your last paycheck in a lump sum".According to my pay stubs, I had 125.23 hours of unused vacation time. Am I correct in thinking I should have been paid for 125.23 hours?

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

I have not been able to reach the office accountant yet.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No, no union.

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

No. Thank you.

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Answered in 9 minutes by:
6/1/2018
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 63,573
Experience: Licensed attorney helping employers and employees.
Verified
On review of your facts, you have a good case. Those hours need to be paid.I can suggest some options. would you like that information? please let me know and i will put it together and respond shortly. You can wait or come back later when we email you that a reply is ready. Thanks for your patience. This is not the answer. just an opening question so I can better focus the answer and make it more helpful.
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Awaiting your reply, thank you!
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Customer reply replied 2 months ago
I have spoken with the office accountant. They are claiming that I am only entitled to 3+/- years at the rate of 16 days per year. Our Real Estate company was purchased by this company in 2015, but in 2016 I was recognized for the prior 13 years of employment and was granted 128 hours of PTO. I was told that this information is in the employee handbook,and it is, but it is so convoluted, no one could possibly understand it but them.If you begin in the middle of the year, you receive 11 days per that portion of the year and the portion of the next year until your first anniversary with them. Then you are granted PTO at the rate of 16 days per year. On your 8th anniversary year, you begin receiving PTO at a rate of 21 days per year. I don't have the exact date we were purchased, so I can't begin to figure it out. I'm sure that's what they were counting on.
Please let me know what you think after receiving this information.
Thank you.
Unless the policy is clear and disclosed in advance a court would not permit you to lose the earned benefit. I would pursue it and try to settle without suing.
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Please click on the 5 star rating (*****) on the question page - that’s how I get credit for my time by the site. If you dont see the rating button, please just reply “5 stars” Much appreciated!
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Customer reply replied 2 months ago
The handbook I have is effective as of January 2018. I received it earlier this year. Until then I did not have a copy of the handbook.
How would I pursue the issue?
They cannot effectively steal benefit that you earned by changing a rule after earned. It’s earned and must be paid.A letter from you or a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it! It also may produce from the other side admissions or agreementIf needed, counsel can demand it for you locally!Please let me know if the reply is acceptable by responding “yes” or “acceptable”
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 63,573
Experience: Licensed attorney helping employers and employees.
Verified
Infolawyer and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 2 months ago
thank you.
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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.

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