Employer trying to screw me out of my PTO... - Tilted Forum Project Discussion Community

cartmen34 · 12-30-2004, 02:35 PM

Here's my situation. I gave my two weeks notice the first of this week. I've found other employment and am choosing to persue it. I currently have 11 days of PTO (Personal/Paid Time Off) that I can use. Yesterday and today I transfered all of my duties and projects to other team members. There ar still responsibilities that I can cover in my remaining week employed at my current employer.

Now...here's the thing..... HR (Human Resources) has heard that "I've transfered all my projects" and they seem to think there is nothing left for me to do. I just got a call from them stating that they would like to make tomorrow my last day, forcing my to use 5 of my 11 PTO days for my remaining week, and thus only reimbursing me for 6 of the PTO days I'll have left.

This seems unjust to me. There ARE things I could do next week, and I COULD keep working for them. The 11 PTO days are mine and it doesn't seem right that they are forcing me out ahead just to save a few bucks. I mean, I understand that they are a company and out to make money, but still, this isn't cool!

So what do I do? Just be happy with 6 extra days pay and enjoy my week off? Or do I really fight this? Is this even legal on their part?

(And yes, the company screwing with us like this is a big part of why I'm leaving!!)

Coll Storm · 12-30-2004, 05:22 PM

I don't know about your company, but most have an employee handbook that usually tells you about your rights as an employee. My company has no choice, but to reimburse you if the time isn't used when your last day rolls around. I don't think they can do that to you and you should call them on it. You have nothing to lose.

Willravel · 12-30-2004, 06:01 PM

Put the gun down. It's not worth it.
Let's say you do fight this. How long will it take? How much is it worth to you financially? How much is it worth to your justice seeking side? If thses people have the balls to treat you like this, what's to stop them from countering in some way (suing/countersuing, contacting your new office, etc.)?
I'd say, "See you guys later, and have a good life", and bring some people with me. I worked at Sears when I was right out of highschool, and I was in a crappy situation, too. What did I do? I found jobs for myself, and the rest of my entire department. We all gave out 2 weeks at the same time and we explained to the managment (one last time) how people should be treated with respect. All of us are at better jobs no0w and we're still all friends.

mokle · 12-30-2004, 06:26 PM

Heck, I would have taken all my holidays after giving notice. Nothing like paid time off

neekap · 12-30-2004, 07:43 PM

m0k13: I think he wanted to work out his two weeks then get the money for the unused PTO.

Is your employer a large corporation that may have other locations? Perhaps you could talk to HR at another location to see what they have to say. You may be able to get some free legal advice, as well. Assuming you could find a (gasp) nice lawyer that will answer a couple of questions without expecting payment.

It does sound kind of fishy. I'm pretty sure in Ohio they can't just get rid of you like that after you give your two weeks notice. At the very least you might be able to file unemployment for that week you don't work?

cartmen34 · 12-30-2004, 10:18 PM

I've been doing a little research (via Google) on this since my post...

It would seem that the company is completely within their rights to terminate me at any time, even though I've already given them two weeks notice. I've also found out that apparently, there is no actual local, state, or federal law saying that they have to honor my two weeks notice, nor do the HAVE to pay me any of my PTO time. As a company, they do not even have to give me ANY PTO time at all.

-Coll Storm, there is no employee manual
-no neekap, it is a medium sized privately owned company. The HR dept consists of only two people.
-And yes m0k13, neekap is right, I was hoping to get my full 11 days of PTO time cashed in.

So.... it would appear that I'll have to take the route willravel suggests.... cut my loses and just be happy the are paying me at least some of my PTO. Oh well, I'm not really a confrontational kind of guy anyway. Once I found there was no legal standing to my benefit, it kind of blew the wind out of my sails anyway. Bummer.

Thanks to all for the comments!!

12-30-2004, 02:35 PM	#1 (permalink)
cartmen34 Psycho Location: the hills of aquafina.	Employer trying to screw me out of my PTO... Here's my situation. I gave my two weeks notice the first of this week. I've found other employment and am choosing to persue it. I currently have 11 days of PTO (Personal/Paid Time Off) that I can use. Yesterday and today I transfered all of my duties and projects to other team members. There ar still responsibilities that I can cover in my remaining week employed at my current employer. Now...here's the thing..... HR (Human Resources) has heard that "I've transfered all my projects" and they seem to think there is nothing left for me to do. I just got a call from them stating that they would like to make tomorrow my last day, forcing my to use 5 of my 11 PTO days for my remaining week, and thus only reimbursing me for 6 of the PTO days I'll have left. This seems unjust to me. There ARE things I could do next week, and I COULD keep working for them. The 11 PTO days are mine and it doesn't seem right that they are forcing me out ahead just to save a few bucks. I mean, I understand that they are a company and out to make money, but still, this isn't cool! So what do I do? Just be happy with 6 extra days pay and enjoy my week off? Or do I really fight this? Is this even legal on their part? (And yes, the company screwing with us like this is a big part of why I'm leaving!!) __________________ "The problem with quick and dirty, as some people have said, is that the dirty remains long after the quick has been forgotten" - Steve McConnell

12-30-2004, 06:26 PM	#4 (permalink)
mokle Psycho Location: Alberta, Canada	Heck, I would have taken all my holidays after giving notice. Nothing like paid time off __________________ Mokle "Your hands can't hit what your eyes can't see" -Ali

12-30-2004, 10:18 PM	#6 (permalink)
cartmen34 Psycho Location: the hills of aquafina.	I've been doing a little research (via Google) on this since my post... It would seem that the company is completely within their rights to terminate me at any time, even though I've already given them two weeks notice. I've also found out that apparently, there is no actual local, state, or federal law saying that they have to honor my two weeks notice, nor do the HAVE to pay me any of my PTO time. As a company, they do not even have to give me ANY PTO time at all. -Coll Storm, there is no employee manual -no neekap, it is a medium sized privately owned company. The HR dept consists of only two people. -And yes m0k13, neekap is right, I was hoping to get my full 11 days of PTO time cashed in. So.... it would appear that I'll have to take the route willravel suggests.... cut my loses and just be happy the are paying me at least some of my PTO. Oh well, I'm not really a confrontational kind of guy anyway. Once I found there was no legal standing to my benefit, it kind of blew the wind out of my sails anyway. Bummer. Thanks to all for the comments!! __________________ "The problem with quick and dirty, as some people have said, is that the dirty remains long after the quick has been forgotten" - Steve McConnell

12-30-2004, 05:22 PM	#2 (permalink)
Coll Storm Crazy Location: Boston	I don't know about your company, but most have an employee handbook that usually tells you about your rights as an employee. My company has no choice, but to reimburse you if the time isn't used when your last day rolls around. I don't think they can do that to you and you should call them on it. You have nothing to lose.

12-30-2004, 06:01 PM	#3 (permalink)
Willravel ... a sort of licensed troubleshooter.	Put the gun down. It's not worth it. Let's say you do fight this. How long will it take? How much is it worth to you financially? How much is it worth to your justice seeking side? If thses people have the balls to treat you like this, what's to stop them from countering in some way (suing/countersuing, contacting your new office, etc.)? I'd say, "See you guys later, and have a good life", and bring some people with me. I worked at Sears when I was right out of highschool, and I was in a crappy situation, too. What did I do? I found jobs for myself, and the rest of my entire department. We all gave out 2 weeks at the same time and we explained to the managment (one last time) how people should be treated with respect. All of us are at better jobs no0w and we're still all friends.

12-30-2004, 07:43 PM	#5 (permalink)
neekap Tilted Location: Central OH	m0k13: I think he wanted to work out his two weeks then get the money for the unused PTO. Is your employer a large corporation that may have other locations? Perhaps you could talk to HR at another location to see what they have to say. You may be able to get some free legal advice, as well. Assuming you could find a (gasp) nice lawyer that will answer a couple of questions without expecting payment. It does sound kind of fishy. I'm pretty sure in Ohio they can't just get rid of you like that after you give your two weeks notice. At the very least you might be able to file unemployment for that week you don't work?