OT: PA Employment Lawyer?

[KeithK7624]

Hi All,

Was wondering if there are any lawyers here familiar with PA Employment Law? Long story short, I’m leaving my current company and have a question about accrued but unpaid PTO? Company says they don’t have to pay since they switched to unlimited. Offer letter states differently, never signed anything acknowledging the change, haven’t used all of the time accrued previously, etc. My wife is an attorney and says it can go either way and really up to me if I want to fight it. They’ll probably just pay if I send a letter because it’s not worth the time or legal fees.

I’m probably beat but out of principal I want to explore it lol.

Thanks in advance!

 

[-RUFAN4LIFE-]

Not an attorney but I don't think you not signing anything acknowledging a change in policy leaves what was in your offer letter in force. The following could work against you:

Was the change company wide?
Did they send out a general communications to everyone?
Did you challenge it at the time of the announcement?
How much time has elapsed since the policy change to you leaving?

Finally, are you willing to shoulder the cost if you fail? You probably will also be liable for their attorney fees.

 

[Proud NJ Sports Fan]

Where in PA?

 

[KeithK7624]

Where in PA?

Philadelphia.

Not an attorney but I don't think you not signing anything acknowledging a change in policy leaves what was in your offer letter in force. The following could work against you:

Was the change company wide?
Did they send out a general communications to everyone?
Did you challenge it at the time of the announcement?
How much time has elapsed since the policy change to you leaving?

Finally, are you willing to shoulder the cost if you fail? You probably will also be liable for their attorney fees.

Change was company wide via email. Did not challenge it. Change was about 2 years ago. I continued to accrue PTO in the Online Portal, so continued to think that it did not apply to everyone, including me.

 

[Vejai]

I would take all your time then give them notice but guessing it's too late for that. Also to add, this would be the perfect time to see how unlimited "unlimited vacation" really is.

 

[yesrutgers01]

So, reading what you have shared. Company switched to unlimited and sent out a company wide Nemo of tge change and notice about accrued unused PTO.
I would think your only battle could be if you had accrued/ Unused at time of the change but it being 2 years, you may not be able to do much.
A lawyer would most likely need to know how much time you are talking about. Many would advise not to hire them unless you are talking 20k+
But, if you want, look up all the laws and write a letter. They may decide to negotiate
I did similar for commissions and at least got partial.

 

[-RUFAN4LIFE-]

Philadelphia.


Change was company wide via email. Did not challenge it. Change was about 2 years ago. I continued to accrue PTO in the Online Portal, so continued to think that it did not apply to everyone, including me.

Going to be tricky in court; best bet IMO is to follow what yesrutgers advised and see if they will negotiate something.

 

[KeithK7624]

Going to be tricky in court; best bet IMO is to follow what yesrutgers advised and see if they will negotiate something.

Yup! Exactly.

Having a wife who is lawyer and pretty damn good at what she does is advising the same. Idk why I trusted the internet over her. Principal. Just basically draw up a legal sounding letter and see what they come back with. I’m sure they’ll try to withhold other things like commission and such. Thanks @yesrutgers01

 

[rutgersdave]

The company probably is right but just like you mentioned, they might offer something just because of the legal cost.

 

[Knight Shift]

Yup! Exactly.

Having a wife who is lawyer and pretty damn good at what she does is advising the same. Idk why I trusted the internet over her. Principal. Just basically draw up a legal sounding letter and see what they come back with. I’m sure they’ll try to withhold other things like commission and such. Thanks @yesrutgers01

I hate grammar/spelling police, but just in case you use it in your letter, it is principle. Don't shoot me or yell at me. In NJ/NY, a quick question to an employment lawyer friend said you would be in good shape. Was not sure about PA. Good luck.

 

[yesrutgers01]

I hate grammar/spelling police, but just in case you use it in your letter, it is principle. Don't shoot me or yell at me. In NJ/NY, a quick question to an employment lawyer friend said you would be in good shape. Was not sure about PA. Good luck.

On the other side of this- I am not sure about Pa but NY/NJ - neither state has a requirement that Companies have to pay accrued PTO. Some states, such as Cali, do require companies to pay unused PTO.

 

[Knight Shift]

On the other side of this- I am not sure about Pa but NY/NJ - neither state has a requirement that Companies have to pay accrued PTO. Some states, such as Cali, do require companies to pay unused PTO.

I will fire my employment lawyer! LOL. He's not my employment lawyer, but a very good friend who practiced employment law in NY State. He has not been practicing for a while, so he can stay my friend. Poor guy.

 

[yesrutgers01]

I will fire my employment lawyer! LOL. He's not my employment lawyer, but a very good friend who practiced employment law in NY State. He has not been practicing for a while, so he can stay my friend. Poor guy.

I only knew this because I had left a company last year NY HQ but I am based NJ. Originally, when I left- HR told me I get my accrued PTO. I moved on and my last check came in without it. I found out that the HR rep F-ed up and gave me their Cali requirement.
They told me that NY/NJ - does not require a company to pay our accrued PTO.
Lucky for me- the "email" I received from the SVP HR - constituted a contract(also, NY/NJ law) - as she was the most senior HR person under the CEO and that they did not correct the mstake prior to me receiving the last check that should have contained it.
When I spoke to my "employment" lawyer- graet thing about him, he usually reps the corporations... So he knows the law from the other side and has helped me many times over my career.
He told me the actual laws and it allowed me to draft a letter to send to the employer. But most of the same language is online...I was owed 3 weeks and they ended up paying full amount as the saw they had no way to win. I had another commission issue a few years back and ened up with 60% of what should(maybe even not...if you read the offer letter) but not worth their effort to fight.
But it never hurts to at least send a professional and not nasty letter to them at first. And if you know you are right, them be forceful as possible

 

[OliverHoward]

I'm new here too. I'm sorry to hear about the situation with your employer and unpaid PTO. It can be frustrating when you feel like your rights are being violated, especially when you're leaving a job. I think it's great that you're standing up for yourself and exploring your options, even if it may seem like an uphill battle. In such a situation, I would advise you to seek help. It might be easiest to implement thanks to https://www.oxnerpermarlaw.com/. It sounds like your wife has some legal expertise and has provided some insight, which is great. Just remember that it's important to weigh the potential costs before making a decision.

 

[yesrutgers01]

In Pennsylvania, there is no law that requires employers to provide paid time off (PTO) to employees. However, if an employer does provide PTO, they must follow their own policies regarding the accrual and payment of PTO.

If your employer's policy stated that you would receive payment for accrued but unused PTO upon separation from the company, and you have not signed any agreement acknowledging a change to this policy, then it is possible that you may have a legal claim to that pay. However, the specific circumstances of your situation may impact the outcome of any legal action.

The problem with some companies is that they have shitbag owners. And they will try to do things for their own pocket if they can get away with it.
What they often realize is that if they do this to 10 employees- 5 of them will just move on not realizing they have a legal right to their PTO. And then you have 3 that are pissed off an want to go after their employer for it and call a lawyer, only to be told- they owe you 1 week of unused PTO at your $30 per hour- that is $1200 before taxes. I really can't take your case because it will cost you more than they owe you.
And maybe 2 of them know a lawyer who will do them a favor and write the letter threatening them with payment, penalty and attorney fees. Those two- the company will settle with.

And they continue to just rinse and repeat and only pay out 2 of 10 people they do this to.