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PTO balance paid @ termination??

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I resigned from my company, giving the typical two weeks notice. Due to financial problems, I was laid off one week into the notice I had given. I was offered no severance pay. I was OK with this as I had another job lined up and just started a week early. I was expecting, however, to receive a check with my Paid Time Off of approx. 33 hours ($1,000). My company has told me that I will not be receiving this money, but I will get a form in the mail telling me what to do. I am thinking due to the financial difficulties of the company I may never get this money. I have a laptop that the company provided. Should I keep this until I receive the PTO check or would that be considered theft of property? Should I retain the services of a lawyer, or would that end up eating up any, all or more than the PTO I would be receiving? Any help would be appreciated. Thank you!



First of all I would advise you to contact the state department of labor since it is their job to assist former employees like you with wage disputes. I would also adivse you to obtain a copy of your employer's policy or handbook, as it usually describes what the company policy is regarding PTO payments upon termination or resignation.

Regarding the company's personal computer, I would definitely advise that you return it promptly to the employer. Make sure that you get a signed statement that you returned it on such-and-such a date. Don't think about holding it hostage until you get the PTO payment. They are separate things and such a self-help attempt will work against you.

I hope this helps.

Mark B. Replogle

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