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Paying out PTO Nevada

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  • Paying out PTO Nevada

    I recently resigned from my company as I was offered a better position with another company.

    I have 124 hours of PTO on the books.
    The employee manual that I was given when I was hired states the following:

    "Accrued PTO will be paid out up to a maximum of 120 hours at the time of termination of employment provided the employee has completed at least one year of continuous service."

    I have been employed with this company for 2 1/2 years. They are now telling me that they will only pay out the amount you are allowed to rollover which is 40 hours. I quoted this to them directly from the employee handbook, and they are telling me that it's been revised. I told them I was never notified that it had been revised, nor was I given any such revision or amendment. They are telling me that it's implied.
    Can they legally do this without providing documentation of changes to company guidelines?
    That's like saying we're changing the rules, but we're not going to tell you what the new rules are.

  • #2
    Nevada state law is silent on the issue of the payment of vacation and/or sick days upon termination. State law is also silent on the issue of the imposition of a "use it or lose it" policy on vacation and/or sick time. It's up to company policy. (applies to private sector employees)

    You can take the manual to an employment or contract attorney & see if it is enforceable as a contract but normally they are not. They can also be revised at any time.
    Last edited by Betty3; 01-03-2008, 07:02 PM.
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