What is the name of your state (only U.S. law)? FL
Before being hired by this company, I had a very clear conversation (on the phone) with a VP (my manager/hiring manager) that I would only take the job if my PTO would be paid upon termination by either party. He said they didn't pay it out if I'm fired with cause. I said, "I need to be paid my vacation, whether I'm laid off, fired with cause, without cause, for misconduct, if I resign, etc." He agreed orally. I followed up in an email. He replied, "If we terminate your employment for any reason we'll pay your PTO." In the context of the conversation, I thought it was clear. In hindsight, I'm kicking myself for not catching that he didn't really answer my question affirmatively.
I recently resigned, gave 2 weeks' notice, traveled for the company, worked until the last day, transitioned my projects to others in good faith, and now the company is being weasely, saying that since *they* did not terminate my employment, I would not be paid PTO. I was completely blindsided by this -- it never even crossed my mind that they wouldn't pay my vacation. The VP knew exactly what my intentions and understanding was, he tried to weasel his way out of it, and basically tricked me into thinking he agreed with my request (this type of behavior is why I resigned). It never even occurred to me they wouldn't pay it, as I'd worked for the owner of the company before, and was paid my vacation when I left the job before.
If I had acted in poor faith and provoked management into firing me rather than acting in good faith, there apparently would be no question.
Do I have any recourse? Would it be worth a shot in a small claims lawsuit?
By the way -- as a rant -- PTO needs to be treated as sacred in this country. "Use it or lose it" policies are horribly unfair to employees. Employers also seem to have complete control over the usage of their employees' PTO. How is this legal?
Before being hired by this company, I had a very clear conversation (on the phone) with a VP (my manager/hiring manager) that I would only take the job if my PTO would be paid upon termination by either party. He said they didn't pay it out if I'm fired with cause. I said, "I need to be paid my vacation, whether I'm laid off, fired with cause, without cause, for misconduct, if I resign, etc." He agreed orally. I followed up in an email. He replied, "If we terminate your employment for any reason we'll pay your PTO." In the context of the conversation, I thought it was clear. In hindsight, I'm kicking myself for not catching that he didn't really answer my question affirmatively.
I recently resigned, gave 2 weeks' notice, traveled for the company, worked until the last day, transitioned my projects to others in good faith, and now the company is being weasely, saying that since *they* did not terminate my employment, I would not be paid PTO. I was completely blindsided by this -- it never even crossed my mind that they wouldn't pay my vacation. The VP knew exactly what my intentions and understanding was, he tried to weasel his way out of it, and basically tricked me into thinking he agreed with my request (this type of behavior is why I resigned). It never even occurred to me they wouldn't pay it, as I'd worked for the owner of the company before, and was paid my vacation when I left the job before.
If I had acted in poor faith and provoked management into firing me rather than acting in good faith, there apparently would be no question.
Do I have any recourse? Would it be worth a shot in a small claims lawsuit?
By the way -- as a rant -- PTO needs to be treated as sacred in this country. "Use it or lose it" policies are horribly unfair to employees. Employers also seem to have complete control over the usage of their employees' PTO. How is this legal?
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