Discharge PTO question

[accusync]

What is the name of your state?What is the name of your state? California

Hi, I have a question is it by law that after termination of employment that the employer had to pay you the accrued PTO? I was discharged from my former employer becaue my former employer want us to work for a new employer which he is also the President. The former employer still exist and in both company he is the President. The offer letter of the new employement stated that the accrued PTO will be transfer over, however after a month of working with the new employer the President inform us that the current employer does not agree with the rollover. He told us that we can use the accrued PTO that we have left from our former as comp time. Is it OK to changed the accrued PTO to comp-time instead of paying us? I felt that it's not right since he say that the new employer does not willing to transfer the PTO, so why would they willing to let us use the accrued PTO that we had as comp-time.

Thanks for any advice

 

[pattytx]

This is an iffy question. Legally, the state does require that the PTO be paid out at termination. However, if the agreement was that the PTO would be rolled over and now you can take it (it's not really comp time, you are just taking your PTO hours), I don't think the state would be terribly concerned. The basic legal concept behind the regulation is that you not lose the time (without getting paid for it), and it doesn't appear that you have lost the time.

However, you can always contact your local office of the Division of Labor Standards Enforcement and inquire to make sure.