PTO Payout not being given fully after leaving job. What are my legal options.

Richa

New Member
Jurisdiction
Missouri
I recently switched jobs. Before leaving, I had gotten in touch with the HR department to check about my PTO Payout. I was a fulltime employee, but I was required to log my time as anything beyond 40 hours a week would result in overtime.

For PTO there was vacation & sick time that got accrued. Before leaving I was told that I will have one bucket for Payout hours and would get a maximum of 40 hours. This bucket would include vacation & sick hours. I had accrued 60 hours approx. and that I should get my max of 40 hours in total.

Prior to leaving my previous job I again got in touch with HR to reconfirm about my PTO Payout and was given the same answer as above. I have the screen shots of that conversation. In my last I was not paid the full amount for 40 hrs. They only gave for vacation time and not the sick time. I called & asked why, and I was told that there was a mistake at their end, and I should get the remaining amount in the next pay cycle. I have this call recorded.

After lots of calls and emails back and forth, they are going back on their words and saying there was a mistake, and I was given the wrong information. Getting the same wrong information 3 times from HR cannot really be a mistake. It is quite stressful and took a lot of my time, energy, patience etc. I want to know what my options are and if I can take some legal action. I do have email, chat, and call records.

Thank you!
 
I recently switched jobs. Before leaving, I had gotten in touch with the HR department to check about my PTO Payout. I was a fulltime employee, but I was required to log my time as anything beyond 40 hours a week would result in overtime.

For PTO there was vacation & sick time that got accrued. Before leaving I was told that I will have one bucket for Payout hours and would get a maximum of 40 hours. This bucket would include vacation & sick hours. I had accrued 60 hours approx. and that I should get my max of 40 hours in total.

Prior to leaving my previous job I again got in touch with HR to reconfirm about my PTO Payout and was given the same answer as above. I have the screen shots of that conversation. In my last I was not paid the full amount for 40 hrs. They only gave for vacation time and not the sick time. I called & asked why, and I was told that there was a mistake at their end, and I should get the remaining amount in the next pay cycle. I have this call recorded.

After lots of calls and emails back and forth, they are going back on their words and saying there was a mistake, and I was given the wrong information. Getting the same wrong information 3 times from HR cannot really be a mistake. It is quite stressful and took a lot of my time, energy, patience etc. I want to know what my options are and if I can take some legal action. I do have email, chat, and call records.

Thank you!
Did you have a employment contract? Were you in a Union?
 
There is no state which requires the payout of sick time. Missouri does not require the payout of vacation time unless there is a contract or CBA that requires it.

Feel free to consult with an attorney but I think you will find that if they pay out your vacation, they are still doing more than the law requires.
 
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