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  1. #1
    Join Date
    May 2011
    Posts
    2

    Default Are You Entitled to a PTO Payout Upon Resignation, in Florida

    My question involves labor and employment law for the state of: Florida

    Good morning. I, along with several others, recently resigned from an organization that is experiencing some extreme difficulties both financially and ethically. The owner of the organization has made claims that he will not pay out my PTO time or that of two others who have also departed. We seem to have been singled out for some reason. However, the owner is paying out every other departed employee's PTO time, regardless if they quit, resigned or were fired.

    I guess my question is, can the owner do this? I have proof that PTO time has been paid out to ALL employees regardless of termination status and it is stated in the company handbook that PTO will be paid out upon termination. Thank you for your time!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Pto Payout Upon Resignation - Florida

    Neither Florida nor Federal law requires that PTO be paid out at termination. The employer is free to do so or not as he sees fit, barring a violation of discrimination laws and/or a legally binding and enforceable contract that guarantees it.

    Since you don't mention anything that would violate discrimination laws (no, they do not say that what you do for one you have to do for all; it can be quite legal to "single out" certain employees in many circumstances), your best and quite likely only option would be to take your company handbook to a Florida attorney and see whether or not it meets the definition of a contract.

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