To whom it my concern,

I worked for a company who offers a set amount depending on years of service of Personal Tme Off pay at the beginning of every year. Is it legal for them to deduct my already used PTO from my last paycheck without me being told or signing anything that stats such actions would be administrated.

example: i use 60 hrs of PTO by the end of march and they gave me a total of 80 for the year. Made me payback 40hrs

thanks
jwshawjr_22

Generally speaking, yes. Being as PTO benefits need not be offered at all, the employer may set the standards as to how such policies are administered. Now, should they have informed you that overtaken PTO would be deducted from your pay upon termination? Of course. Was it illegal? Very probably not, unless the reduction in gross pay resulted in your receiving less than minimum wage for all hours you worked in the final pay period (assuming you are a nonexempt, i.e. hourly-paid employee).

ok
Now see what happened was that i was told by many co-workers that it would happen.

However i went to HR and asked and two HR Reps told me that my PTO would be paid to me prorated and any extra would be mine now if i was over my amount they BOTH said it would not have to be paid back by me. But they still did. What should i do?

So, what does HR say when you tell them you WERE deducted for the advanced PTO pay?