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Employee's rights and responsibilities to employer for overused personal time off under PA employment law

Asked over 3 years ago - Newtown, PA

I left my job in Pennsylvania 4 weeks ago, (mutual agreement), and I just received a letter stating that I owe the company $1200 for Paid Time Off (PTO)hours. The reason being that I had overused my PTO.
My question is, am I responsible for requested payment?
Thank you,
ML

Additional information
The P&P states that "If you used more PTO than accrued, the overpayment will be deducted from your final paycheck." I have already received my final paycheck.
There was no severence pay
I did not have a contract and yes I am collecting unemployment compensation, which they agreed to prior to my leaving. I did stay on to train the person replacing me in this position.
Thanks, ML

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Attorney answers (2)

Clifford L. Tuttle Jr.

Reputation Level 14

Answered over 3 years ago. Landlord / Tenant Lawyer in Pittsburgh, PA.

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Before your question can be answered, you need to give us more information.

Do you have an employment contract, a written policy on the subject or an employment manual? If so, what does it say about reimbursement of the company for overuse of paid time off? You didn't say how you earn time off and how long it would have taken you to earn that much paid time off.

I'm surprised that the company didn't settle up with you when you left. Did you have an agreement on the subject, written or oral? Were you entitled to severance pay? Did you receive it? Have you applied for unemployment benefits? Were they contested by the company? What happened?

I have more questions, but I need the answers to these questions first. I'm asking because I'm looking for a possible defense for you, but I can't make bricks without straw.

CLT

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Robert M Fortgang

Reputation Level 9

Answered over 3 years ago. Employment / Labor Attorney in Simsbury, CT.

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I completely agree with Atty. Tuttle and would add that it's likely that the employers' employee handbook and the application for employment you signed ...both contained a clear disclaimer of contract. Translation: Absent a contractual obligation to repay PTO, it's quite doubtful that your former employer will take any further action. While seeking local legal counsel is the prudent move, if you have any concern about what kind of employment reference you will receive should you ultimately decide not to repay this amount, let me suggest that sometime in the next 3-6 months you ask a friend who may be in their own business to seek an employment reference from this company. It's always a good practice to know what is being said. Good luck and best regards, Rob Fortgang

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