Thinking Outloud about PTO In My Situation

[JOliver]

What is the name of your state (only U.S. law)? Michigan

I've established that when I left my employer (their choice, not mine) that, per company policy any unused PTO time is to be paid out on separation. So, a former employee such as myself that had 80+ hrs accured will receive a payout at the wage x 80+hrs = paid PTO time per policy.

Policy also states that if an employee still employed takes PTO the employee receives their PTO for hours worked PLUS $8 per hour for lost comission sales.

So it would be wages (PTO) + $8 per hour = payout.

If the company is going to pay PTO time to a separated employee (as policy states) and the PTO is paid, couldn't I pursue the additional $8 per hour that I would have been paid if the company did not fire me?

 

[pattytx]

Were you a commissioned employee otherwise?

The only possible recourse you would have is if the policy 1) applied to your situation and 2) rises to the level of a contractual obligation on the part of the employer.

If #1 is true, then you should see an attorney about #2. Not all (in fact, hardly any) policies are enforceable, bona fide contracts; they are merely policies which have no force in law.

 

[mlane58]

If the company is going to pay PTO time to a separated employee (as policy states) and the PTO is paid, couldn't I pursue the additional $8 per hour that I would have been paid if the company did not fire me?

Not from what you have posted.

Policy also states that if an employee still employed takes PTO the employee receives their PTO for hours worked PLUS $8 per hour for lost comission sales.

You state here "If an employee still employed takes PTO" You are no longer employer and so by your own statement wouldn't qualify for the +$8 per day.

 

[JOliver]

I was a comissionable employee, yes. Most of our earnings were due to comission. So, I'm going by the assumption that if the company is going to pay the PTO $ out either way, (active employee or not) it should include the $8 per hour that also would be paid.

 

[Zigner]

I was a comissionable employee, yes. Most of our earnings were due to comission. So, I'm going by the assumption that if the company is going to pay the PTO $ out either way, (active employee or not) it should include the $8 per hour that also would be paid.

If you've made up your mind, why are you here?