Follow up about my layoff last week, please help!

[Anonymous]

I was laid off effective end of this week and should receive a fairly generous severance package. In my meeting with the HR representative, I asked if I would receive the PTO which I have accrued and not yet used. She explicitly responded yes, that I would be paid out my PTO.

Today we received an email that company policy changed in 2016 and we are not eligible to receive our PTO. Do I have any recourse in this situation? I do not want to jeopardize my severance.

Very upset that the HR person must be totally incompetent to give out false information like that.

Thanks in advance.

[Anonymous]

It depends on the state, OP.

In DC and Virginia, if you accrue vacation, they have to pay. It's a wage and hour issue.

[Anonymous]

Do you have the email address of the HR rep you spoke to?

[Anonymous]

Anonymous wrote:It depends on the state, OP.

In DC and Virginia, if you accrue vacation, they have to pay. It's a wage and hour issue.

+1. What state are you in OP?

[Anonymous]

Thanks I am in Maryland.

I sent the HR rep an email just to confirm that the information she gave me last week was incorrect. She basically said "unfortunately the communication document was incorrect'

[Anonymous]

Can you get your severance and then pursue the PTO?

[Anonymous]

Anonymous wrote:Can you get your severance and then pursue the PTO?

Good idea. The severance will be paid out every other week though, not in a lump sum. Unless I consult an attorney, I don't know how I would do that. We're talking ~$2000 worth of PTO more or less. The attorney fee would probably eat the whole amount anyway.

[Anonymous]

If you are employed until Friday, can you just stop going to work now and get the PTO? I know it's not as good as having the $$$, but clearly there is no need to be loyal now...

[Anonymous]

Anonymous wrote:

Anonymous wrote:Can you get your severance and then pursue the PTO?

Good idea. The severance will be paid out every other week though, not in a lump sum. Unless I consult an attorney, I don't know how I would do that. We're talking ~$2000 worth of PTO more or less. The attorney fee would probably eat the whole amount anyway.

I don't think you need an attorney to file a claim. Do you have anything in writing about your company's policy on paying out unused time off?

https://www.dllr.state.md.us/labor/wagepay/wpwageissues.shtml#fileclaim

[Anonymous]

Also,
https://www.dllr.state.md.us/labor/wagepay/wppayonterm.shtml#vp

[Anonymous]

Anonymous wrote:It depends on the state, OP.

In DC and Virginia, if you accrue vacation, they have to pay. It's a wage and hour issue.

I don't think this is true, for Virginia, if there is a written policy stating it is not paid out. OP is there a written policy that they can produce saying it is not paid out by your company?

[Anonymous]

Anonymous wrote:Also,
https://www.dllr.state.md.us/labor/wagepay/wppayonterm.shtml#vp

Thank-you for this!

[Anonymous]

Anonymous wrote:

Anonymous wrote:It depends on the state, OP.

In DC and Virginia, if you accrue vacation, they have to pay. It's a wage and hour issue.

I don't think this is true, for Virginia, if there is a written policy stating it is not paid out. OP is there a written policy that they can produce saying it is not paid out by your company?

)

The HR rep today stated that there was a policy change in 2016. She states we all signed forms that we understood the information. I never signed such a form. I would definitely remember that. My immediate manager (who was also laid off) did discuss it with the HR rep who is standing firm about "company policy".
If I call out the rest of the week, I could put my severance package in jeopardy.

This is giving me such a headache.

I will look into those links someone helpfully posted later today.
Thanks for all the feedback.

[Anonymous]

Anonymous wrote:

Anonymous wrote:It depends on the state, OP.

In DC and Virginia, if you accrue vacation, they have to pay. It's a wage and hour issue.

I don't think this is true, for Virginia, if there is a written policy stating it is not paid out. OP is there a written policy that they can produce saying it is not paid out by your company?

It's absolutely not true in VA. PTO is consisdered a benefit in VA, not wages. PTO does not have to be paid out. In DC PTO must be paid out unless there is a policy stating otherwise. I believe the employer also has to prove the employee knew (e.g. It's in their offer letter, yearly email, in the handbook and employee signed an acknowledgement, etc.).

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:It depends on the state, OP.

In DC and Virginia, if you accrue vacation, they have to pay. It's a wage and hour issue.

I don't think this is true, for Virginia, if there is a written policy stating it is not paid out. OP is there a written policy that they can produce saying it is not paid out by your company?

)

The HR rep today stated that there was a policy change in 2016. She states we all signed forms that we understood the information. I never signed such a form. I would definitely remember that. My immediate manager (who was also laid off) did discuss it with the HR rep who is standing firm about "company policy".
If I call out the rest of the week, I could put my severance package in jeopardy.

This is giving me such a headache.

I will look into those links someone helpfully posted later today.
Thanks for all the feedback.

Ask them to send you what you signed. It was probably a handbook amendment. Then call MD's Wage and Hour office. They will assist you for free if you are owed the PTO.