resigned, but will not pay PTO

[latarpley]

What is the name of your state? GA

I resigned my employment last Thursday. The new employer would not allow me the necessary two weeks notice. Had I stayed and worked the two weeks the company would have owed me 144 hours PTO. Since I was not able to provide the notice they are not going to pay the 64 hours I still have(anniversary is the 13th). The PTO policy is not consistant company wide and changes depending on the regional manager. I tried to address the problem of me not being able to take my days within guidlines. I requested to talk with HR about the situation but my boss denied me the opportunity. I was nice and told my boss that I would make sure he would have no problems after my leaving. I wanted to leave on a positive note but now I am mad. I have a list of seventeen safety concerns that may or may not cause OSHA to shut the place down. These matters are not getting addressed because there is no money. I have pointed these matters out time and time again and they are all are documented. The creditors are running the business. I want my money but can not decide how to play the game.
Can someone help me with some legal arm twisting tactis?

 

[Beth3]

According to my sources, Georgia is one of a handful of States that do not have any State regulation addressing payment of vacation upon separation, which generally means the employer can do whatever they want. (There are no federal laws that address this.) If the employer wants to require two weeks notice of resignation in order to pay out unused PTO, then I don't see that you have any recourse. You certainly may wish to contact GA's DOL to verify this. There may be some applicable case law they use as a guideline.

It's not your current employer's "fault" that the new employer whose offer you've accepted refuses to allow you to give the customary two weeks notice. Frankly, I have to tell you that unless there are some very unique circumstances (i.e. once a year training the new employer urgently needs you to attend), this does not bode well for your choice of future employers who will not allow you to extend the usual professional courtesy to your employer.

If you are contemplating "exorting" the vacation pay from your employer, as in "pay me or I call OSHA," all I can tell you is that you are playing a dangerous game. That sort of thing tends to backfire big-time down the road. Guess what will happen when you decide to move on from this new employer and need a reference from these folks?

Have you told your new employer you will be forfeiting X amount of vacation pay by accepting their terms? You really ought to be negotiating a signing bonus with them to make you whole rather than finding ways to threaten your soon-to-be ex-employer into paying you.

 

[latarpley]

thanks

thank you for a little reality check....the resentment for my current job and their business practices was why I sought other employment in the first place.

OSHA really needs to know these things, but my PTO issues are totally seperate.

Now, with the money issue settled how do I approach the safety issues.
Directly to my boss again for the ump teenth time?
The consultant who is running the place for the creditors?
HR and let them tell who ever?
Or to OSHA plus notifying any of the above.

The issues are real and documented to include over two hundred gallons of unknown chemical in rusting barrells hidden in the warehouse, upstairs floor/roof held up by post that are secured in place by weight only. Removal of sections of structural walls without reincforcement. High pressure seal leaking on a 40hp gas boiler. I do not believe my voice is being heard, it certainly was stopped for simple questions about vacation policy.

I do want to leave on good terms, but would feel really guilty if something happens after I leave.

 

[Beth3]

I can't tell you what to do about the safety concerns. You'll have to let your conscience guide you. I can understand that if something were to happen and individuals were injured and you had done nothing, it will be hard to live with yourself. I'm sure you wouldn't be the only one either.

Whether you want to go to someone in senior company management or notify a regulatory agency is something only you can decide. (It is possible your boss has told his superiors and they haven't taken any action - that's not something he's going to tell you.)

I'm not a safety expert but the concerns you list appear to cover a host of regulatory agencies - OSHA, the EPA, and I expect local and State regulations as well.

Good luck.