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Company Policy RE: Earned Time OFF (ETO)

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  • Company Policy RE: Earned Time OFF (ETO)

    I am new to this site and had a question. I have currently resigned from my company with a little over 300 hrs of ETO ( Earned Time Off) and was under the impression that I would be paid for any accumulated but unused ETO as per the company policy that I signed in Early Feb 04. I received some documents from the HR department stating that if I seperated properly I would receive up to 80 of accumulated ETO. When I asked about the descrepency I was told the policy changed and that what I signed was not a agreement between the company and I and they could change the policy at will and di not have to tell anyone. Can they do this? I started with the company in 2000 and signed a Handbook then, it changed in 02 and the new Handbook was sent out to execute, then agin in early 04. Nothing has been sent out since regarding any changes. Any advice is greatly appreciated

  • #2
    It appears that the policy has changed since you first were hired. It also appears that you were not notified of it. Should you have been? Certainly. However, neither actiion is illegal. Texas law requires only that the employer comply with its own policy regarding the payout of leave time at termination.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Policy must be in writing

      One interesting thing about Texas law for vacation payout is that the company policy must be written. If your employer changed the policy as the way you were told, there should be a change in the written policy. If there isn't you may be able to convince the Texas Workforce Commission that the old policy is in effect, and the burden then would be on the employer to show that a new written policy existed.

      What you signed is in all likelihood not a contract, and they can change the policy, and they really don't have to tell anyone, but it doesn't make sense that they wouldn't tell anyone.

      Since you don't work there any more, it may be worth a claim.