I have my 2 week notice to my employer. He had me work 4 additional days and then let me go. In my contract it states that I have a 6 month probation period (which I was past) and 2 weeks paid time off per year. When issuing my final check they took the 7 days of vacation that I had taken (that they had already paid me for) and told me my PTO wasn't applicable because I hadn't worked there a year. It does not state in my contract that I have to be working there for a year before I can be eligible to use that PTO? Am I entitled to that compensation?
The only way to tell is to read your contract. Some vacation must be paid at termination. If you fit within that category, then you have to check what restrictions must be met on whether you are due the vacation. You also need to determine how to calculate what is due. All this should be in the plan.
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It will all revolve around what the contract says and potentially any employee handbook. Note, if they did end up owing and did not pay, then you can go after them for a penalty wage as well. That penalty wage also allows for attorneys fees, so you would have a good chance an attorney would take your case.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
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