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  • pto Oklahoma

    Hello everyone...My question is this..I have 90 hrs accreud pto i resigned and now my former employer is trying to take a week of it from back in july when i went to hawaii on a trip that i was told to contact our company there so the trip would be a tax write off for them. There was nothing in writing of course..can they do this 4 month later. They are not happy I resigned so this I know is something they are trying to do to be spitefull. please advise if any one has any insight.

  • #2
    Oklahoma law does not require the payout of unused vacation or PTO at termination unless company policy so states. Does your company have a policy of paying out vacation at termination?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      You are also trying to establish a linkage between buying of the PTO balance, which is a state law issue, and the apparent tax write of the trip, which is an IRS and state IT tax issue. IRS et al might be interesting in the tax write off (or not) but IRS et al has no interest in your getting paid the PTO. Two very different issues.

      Also the only way any tax write off would be involved is that if the employer some how paid for your vacation expenses and is trying to claim that these were business related expenses. Did they?
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Originally posted by DAW View Post
        You are also trying to establish a linkage between buying of the PTO balance, which is a state law issue, and the apparent tax write of the trip, which is an IRS and state IT tax issue. IRS et al might be interesting in the tax write off (or not) but IRS et al has no interest in your getting paid the PTO. Two very different issues.

        Also the only way any tax write off would be involved is that if the employer some how paid for your vacation expenses and is trying to claim that these were business related expenses. Did they?
        yes they paid for the trip.... yes the policy requires payout.....the issue is can they go back and take it now..im probably gonna have to get a lawyer

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        • #5
          IRS may or may not care about the deductibility of the trip. That is between IRS and your employer. However if the trip is not deductible then arguably it is taxable wages to you. Which does concern you. The problem with bringing IRS to a fight is that they are on their own side, not yours and not the employer. And IRS could not care less about your issues with your employer or visa versa. IRS cares about IRS. Period.

          Regarding the employer getting money back from you. They can threaten you. They can maybe take you to court. They maybe can win. No sure things here either way. They had no business paying for your vacation expenses or trying to treat as anything other then taxable wages if they choose to do so, and your hands do not look all that clean either on this. The chances that the parties (you and the employer) are going to agree on the facts is likely zero, so we would be looking likely at a very random result in court. There is a chance that the court will consider both parties very iffy.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Originally posted by DAW View Post
            IRS may or may not care about the deductibility of the trip. That is between IRS and your employer. However if the trip is not deductible then arguably it is taxable wages to you. Which does concern you. The problem with bringing IRS to a fight is that they are on their own side, not yours and not the employer. And IRS could not care less about your issues with your employer or visa versa. IRS cares about IRS. Period.

            Regarding the employer getting money back from you. They can threaten you. They can maybe take you to court. They maybe can win. No sure things here either way. They had no business paying for your vacation expenses or trying to treat as anything other then taxable wages if they choose to do so, and your hands do not look all that clean either on this. The chances that the parties (you and the employer) are going to agree on the facts is likely zero, so we would be looking likely at a very random result in court. There is a chance that the court will consider both parties very iffy.
            I bring up the trip being written off to establish that it was indeed a work related trip. It is of no other consequence to me other than can they take pto for a work related trip....4 months later. thanks for the help

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            • #7
              If you're no longer working for them, how are they going to take it back?
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                I read the post to mean that he would get his vacation time paid out minus the week for the trip.

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                • #9
                  On re-reading, I think I may have misunderstood something. I originally read it that he resigned back in July.
                  The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                  • #10
                    Originally posted by HRinMA View Post
                    I read the post to mean that he would get his vacation time paid out minus the week for the trip.
                    That's the way I read it also.
                    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                    • #11
                      resigned this week....they plan to pay all except for trip....which was work related

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                      • #12
                        How much worktime did you put in on this trip? You've said that all you did was "call in" to the office...what does that mean? You phoned the office? You went in to the office and spent a few minutes there? You went into the office every day of that week and spent at least several hours each day in the office performing work duties?

                        If the first two, then this indeed was a vacation, and you won't get that week's PTO time. If the third one, then contact your state DOL and file a claim for a week's PTO pay.

                        (BTW who paid for the trip is irrelevant.)

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