Unpaid PTO

Kraquin

New Member
Jurisdiction
Indiana
Hello
It was my previous company's policy to pay employees their unused PTO when they left the company. I left the company in May and was told at my exit interview that they could not pay me my unused PTO and that maybe by June they would be able to. It's June and it's not happening. I am owed in excess of $10,000 before taxes are taken out. I understand that it could be 3x's as much if it went to court and was awarded a certain type of punitive damage.

At first I looked at Small Claims but for Indiana the limit is $6,000. I have talked to an employment lawyer and their contingency fee is 40% if settled out of court, 45% if in court. Seems excessive to me.

Should I shop around or is that a pretty standard fee? Any other options?

thanks
 
Should I shop around or is that a pretty standard fee?

The value one generally obtains is often equivalent to what one is willing to pay for the goods or services purchased.

What you choose to do, mate, is up to you.

It matters not how strait the gate,
How charged with punishments the scroll;
I am the master of my fate: I am the captain of my soul.

(Attributed to William Ernest Henley in his poem "Invictus".)



Any other options?

Yes, if you think the rates quoted are too high, continue to do as Smokey Robinson once sang:

 
I have talked to an employment lawyer and their contingency fee is 40% if settled out of court, 45% if in court. Seems excessive to me.

Should I shop around or is that a pretty standard fee?

For starters, "settled out of court" and "in court" are ambiguous terms. That said, definitely shop around. A more normal contingent fee would be 25% if settlement occurs without suit being filed, 33.33% if settlement occurs after suit is filed but before trial, or 40-45% if there is no settlement or if settlement occurs after trial has started.

You can also pursue this through your state's department of labor/employment.
 
Thanks, I thought they were asking a bit much.
I did try going through the state labor dept but the limit they will pursue is $6000.00
 
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