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CA, PTO..former employee will not pay correct amount

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  • CA, PTO..former employee will not pay correct amount

    Hi i live in CA. I have a few questions
    1. what is the roll over law for rolling over end of year PTO what is the max that can be rolled over?

    My current situation:
    a former employeer (who i worked for over 3 years) is not paying me my correct PTO after i had given my 2 weeks notice.

    They gave me 1/2 of my PTO.

    for simplicity: lets say i earn 200 hours per year of PTO
    I rolled over from the previous year 100 hours.
    i then accurred another 50 hours before my last day.
    should I be given 150 hours worth of PTO?

    The employee handbook says only 1 week (40 hours) can be rolled over. but i thought there was a california law that says something different.

    I have not cashed the check yet.

    What are my options? i know i can go to the labor board, i am still talking to the company and they keep giving me the run around.
    the last thing they told me is that the PTO calcuations where off. However looking at the employee handbook it is a blatent lie.

    The company also miscaluclated my hourly rate (broken out of my salary rate) and paid me an extra 15/ hour...

    any suggestions on what i should do. i'm most curious about the rollover law in california.
    thanks
    George

  • #2
    Pay for PTO

    Your employer is wrong. California does not permit restricting of the carryover. It can restrict the amount of vacation by saying that an employee can only accrue up to a certain amount. Upon reaching that amount, the accrual can stop. However, the employer may never take away vacation that has been earned. (By the way, not all PTO must be paid. The portion of the PTO which may be used only for illness is considered as sick pay and, therefore, does not have to be paid at termination.)
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      Lillian,
      thanks for the fast reply!

      I hoped as much!
      looking at the employee hand book, it does not distingish between sick time and vacation time. They state it can be used for anything basically.

      I guess my only thing i can do is show them in the employee handbook exactly where it is stated. If they don't pay, then I will go to the labor board and have them deal with it.

      Will the labor board be able to retrieve my PTO do you think? ugh so frustrating, but once again thank you for your quick response!

      PS.
      what should i do with the current 'PTO' check that they gave me already?
      thanks
      George
      Last edited by noname44; 04-14-2005, 09:49 PM.

      Comment


      • #4
        Pto

        You can file a complaint with the state. Follow the procedures stated in the attached link: http://www.dir.ca.gov/dlse/howtofilewageclaim.html
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          thank you!!!

          Comment

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