I am in the process of changing jobs and have a bunch of earned PTO accumulated. The amount I expected from this full payout is about $10k. I am aware TN doesn’t have a law requiring employers to pay out PTO upon termination, so it is subject to wording an employer may choose to have in their policy.
- in 2017, I became employed with this company. At the time, the company did not have a PTO policy. My employment contract at the time stated I am entitled to 2 weeks vacation in 2017. For future years, refer to policy.
- in 2018, my company implemented a PTO policy. Revision 00 of the policy stated all earned PTO would be paid out upon termination, whether voluntary or involuntary.
- between 2018 and 3/30/2022, the PTO policy was revised twice (Revision 01 & 02) and the wording about full PTO being paid out remained in the policy.
- on 3/30/2022, my company updated the PTO policy (Revision 03) and added only 1 sentence stating only 40 hours of earned PTO would be paid out upon termination, whether voluntary or involuntary. Employees were not informed until 4/4/2022 via the newsletter.
- on 4/1/2022, I resigned by submitting a 3-week notice even though only 2 weeks are required.
- on 4/14/2022, the company updated the policy again (Revision 4) with more details around only 40 hours of earned PTO being paid out clarifying this only applies to employees who voluntarily resign. For employees laid off or fired, PTO will be paid out in full.
Note: Since the implementation of Revision 03 of the policy, I will only get about $2k PTO payout instead of $10k.
Questions:
1) despite the company policy, is there a pathway to have the company pay me the full PTO payout based on “past practice of doing so?”
2) is there a case that the PTO was “earned” and the company cannot withhold from me what I have “earned” (regardless of policy)?
3) are there any other angles where I may have a case to get the full PTO payout?
Thanks in advance!
- in 2017, I became employed with this company. At the time, the company did not have a PTO policy. My employment contract at the time stated I am entitled to 2 weeks vacation in 2017. For future years, refer to policy.
- in 2018, my company implemented a PTO policy. Revision 00 of the policy stated all earned PTO would be paid out upon termination, whether voluntary or involuntary.
- between 2018 and 3/30/2022, the PTO policy was revised twice (Revision 01 & 02) and the wording about full PTO being paid out remained in the policy.
- on 3/30/2022, my company updated the PTO policy (Revision 03) and added only 1 sentence stating only 40 hours of earned PTO would be paid out upon termination, whether voluntary or involuntary. Employees were not informed until 4/4/2022 via the newsletter.
- on 4/1/2022, I resigned by submitting a 3-week notice even though only 2 weeks are required.
- on 4/14/2022, the company updated the policy again (Revision 4) with more details around only 40 hours of earned PTO being paid out clarifying this only applies to employees who voluntarily resign. For employees laid off or fired, PTO will be paid out in full.
Note: Since the implementation of Revision 03 of the policy, I will only get about $2k PTO payout instead of $10k.
Questions:
1) despite the company policy, is there a pathway to have the company pay me the full PTO payout based on “past practice of doing so?”
2) is there a case that the PTO was “earned” and the company cannot withhold from me what I have “earned” (regardless of policy)?
3) are there any other angles where I may have a case to get the full PTO payout?
Thanks in advance!
