Fired for my opinion of the company...

What is the name of your state? Florida

I have an employment/discharge related question. I was recently fired from a job for what I feel was my opinion. I began working on June 26, 2005, full-time on the payroll. The company probationary policy is 120 days. About eight days before this, as is the company policy, a resignation letter which I wrote to myself after a very frustrating week at the job where I vented my feelings, but had never turned in, was retrieved from a company computer. In the letter, I had anticipated resigning, and detailed what I found wrong with the company and their treatment of me, specifically, and my observations in general. I was confronted with this letter and asked to leave, despite the fact that I apologized for its content and tried to explain that it was not meant for anyone. I had saved it, and then calmed down after that and decided not resign, however, I forgot to remove the letter from the computer. My explanations were of no consequence, and I left that day.

My question is this: I was entitled to eight paid vacation/personal days at 120 days. I was recently paid for the last pay period, which technically, would have brought me up to the 120 days (the pay period ending on that Sunday). Do I have any claim to any part of that paid time off? I feel cheated because they conveniently got rid of me before October 26 (the expected 120 day mark), but a physical counting of consecutive days on the calendar, the day I left (October 19) was eight days from that date, and in counting consecutive days, 120 days would actually have been reached on the Sunday, October 23. The last paycheck which I will receive shows the pay period was through October 23. I never officially resigned that day, nor signed any document, and even the letter they confronted me with was not signed by me or addressed to anyone, nor did it mention any names, either.

Do I have a claim to any of that PTO? Thanks. (PS - I totally understand "at will" employment. I want to know if I can claim that PTO from them. Thanks again.)

Q: Do I have a claim to any of that PTO?

A: No.

Neither Florida nor Federal law requires the payout of vacation or PTO time at termination. It is entirely up to the employer whether to pay it out or not; you do not have a legal claim to it unless you were operating under a bona fide contract that says otherwise.

Question for CBG

So, from what you are saying even though someone is an "at will employee", and in the employee handbook it states that if you give 4 weeks notice, you will be paid for your PTO. Does this constitute a contract? Just wondering.

Still having questions on whether my employee handbook is a contract, even though it states we are at will employees!

Thanks CBG!

In the very large majority of cases, an employee handbook is not a contract.

There have been occasional situations where, because of the EXACT wording in the individual handbook, a court has declared THAT SPECIFIC ONE, (NOT handbooks in general) to be contractual. However, those situations are few and far between.

Only an attorney who has reviewed the specific handbook in question can say whether there is even a remote possiblity of having it declared a contract. The odds are very much against it.

BTW, even if by some chance it was declared that the employer was required, because of what it said in the handbook, to pay out the PTO, that would not in any way affect your status as an at-will employee.

thank-you cbg

Thanks alot for all the information that you have offered to me. I really appreciate it!

Thanks again

katrinagardener