Can an employer lay off an employee without paying accrued vacation time in PA?
Philadelphia, PA
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Posted 5 months ago in Wrongful Termination
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I have told I will be laid off in August, and I will be paid for any vacation days I have earned. The benefit cuculation is base on the aniversery in my compay. I was hired in Nov. 2001. What about my accrued vacation time? Should I been paid for accured vacation bewteen Nov. 08-Aug. 09?
Answers (1)Harold Mark Goldner
This attorney is licensed in Pennsylvania.
Posted 5 months ago.
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The issue of whether you are paid accrued paid time off is a function of company policy. If their standard procedure is to pay employees for accrued time off, you get paid, if not, you don't. For instance, some companies have a 'use it or lose it' policy regarding PTO and if you don't use it in the year or within a short time after it accrues, you lose it.
If their policy is to pay it, and you aren't paid it within two weeks of your departure from employment, it is a violation of the Wage Payment Collection Law which entitles you to liquidated damages in addition to the unpaid PTO plus counsel fees. Consider, however, that the amount in issue may not make it worthwhile for you to hire counsel. That is entirely up to you.
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