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TexasGary

Laid off - company refuses to pay PTO

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A friend was laid off from his job yesterday (03/24/20).  He had a balance of 70 hours PTO remaining.  HR has told him that they are not going to pay the PTO and that if he wants two weeks severance that he must sign a document promising not to sue the company.

His employee handbook states this:

Employees who are laid off for economic reasons will receive the balance of any unpaid leave remaining at the time of the work separation.

Should he sign the document and take the two weeks?  Should he consider contacting an attorney?

Any advice is appreciated.

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I am not sure an employment lawyer will bother with this due to overall size. Do not sign form, he can always go to press/glassdoor etc and try some good old fashioned public shaming.

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26 minutes ago, ClubWhatever said:

Tell us the company so we can never have anything to do with them ever.  

 

After we doxx every person in management and and air their past sins, bankruptcies, divorces, as well as spread some good ol' fashioned gossip about things we "heard"  about them.  😄

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I would say sign, take the 80 hours of severance,  and then reach out to the Texas workforce commission. Fight for the pto.

If he doesn’t sign, then he most likely gets nothing today. Yes, eventually he might get the 70 PTO hours if he fights, but he will never see the 80 of severance.

And in both cases, slam them in every forum where you can have anonymity. 

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1 hour ago, luke duke said:

I’m sure that there’s a Surly lawyer that would write a threatening letter in exchange for a couple of handjobs.

I heard some of these surly lawyers would even give the handjobs for free.

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2 hours ago, luke duke said:

I’m sure that there’s a Surly lawyer that would write a threatening letter in exchange for a couple of handjobs.

you might want to clarify this  >>>>> who's giving and who's receiving ?

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Take the 80 but click on every link in every spam email while logged on to the company’s network. Might as well get them held hostage by a Russian teen hacker.

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11 hours ago, CooterBrown said:

Take the 80 but click on every link in every spam email while logged on to the company’s network. Might as well get them held hostage by a Russian teen hacker.

A few visits to the old site should do it. 

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Thinking back to my days with payroll law and when I did HR at my family owned company......   I don't think a company has to pay out PTO unless it's stated in a contract?  

Take the severance and file unemployment.   

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16 hours ago, BrazilHorn said:

I am not sure an employment lawyer will bother with this due to overall size. Do not sign form, he can always go to press/glassdoor etc and try some good old fashioned public shaming.

Correct.....  But  he won't get the severance unless he signs the document.   The promise not to hold the company liable via a severance offer is standard operating procedure.    And considering the circumstances we now face, he would be probably be wise just to take it and run before the said company runs out of funds if that is the reason they are dismissing employees or they say the heck with it and withdraw it because he took to long.    The sooner he gets on line and files for unemployment the better instead of dragging it out to where his own bank account starts drying up.   Most Lawyers have the funds to survive and will place him in the back of the line if at all.  

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Thanks for the responses.  He is going to have a discussion with HR tomorrow.  Depending on how that goes he has an attorney that is going to place a phone call to their COO.

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14 hours ago, Js1 said:

A few visits to the old site should do it. 

Which one?

We apparently have a trail of death & destruction in our wake.

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He’s not legally entitled to the severance pay so bringing in a lawyer right now will cost him 10 hours of pay.  At least in Texas. And whatever the lawyer costs him.

The company probably has an informal layoff policy to pay the higher of unused PTO or 2 weeks pay. They probably consider this generous.

Take the 80. Bringing in a lawyer, who most likely will not win for your friend and will just make him angry.

(side note, now I’m concerned about all of the unused PTO I have saved up.)

Edited by Nice Guy Eddie

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On 3/25/2020 at 5:55 PM, Hornius Emeritus said:

 

After we doxx every person in management and and air their past sins, bankruptcies, divorces, as well as spread some good ol' fashioned gossip about things we "heard"  about them.  😄

OMG...do you think they might have killed hookers also?

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Whatever you get, be sure to cancel your direct deposit after you get it. I had a friend who got a severance after being laid off, then a day later it was taken back out of his account.

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Help me understand your friend’s plight. 

He has worked and worked for this company, say all 52 weeks in 2019.  2 of the 52 work weeks in 2019 were earmarked for PTO but your friend didn’t take them.  He just worked all 52 weeks.  

Now he’s laid off in 2020 and he wants his 2 weeks of 2019 PTO in addition to his 52 weeks; 2 of which were to be PTO but went unused by your friend?

is this right?

 

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