Q: Hello! I was let go of my job at the end of Oct 2016, I have not received my earned PTO time which was 40hrs
I am from MA, under the law am entitled to it correct? and the HR person promised it to me. It has been over 2 weeks whats my best course of action?
A:
I would suggest you contact the Wage and Hours division of the Massachusetts Attorney Generals Office. If you worked in Massachusetts, you most likely are entitled to Paid Time Off, and in general, whatever pay you earned during your employment should be paid to you when that employment ends.
There are some exceptions, however, and you do not say what type of work you did, the size of your employer and other factors that might effect your eligibility for payment. The AG's office has complete information about PTO, and should be able to give you a complete answer.
If you are entitled to receive PTO, you probably have to make an initial complaint at the AG's office. In order to collect any money due to you, you may want to contact an employment lawyer for assistance. Although the AG has the information about the law, and may make at least an initial investigation, it generally does not have the resources to pursue cases on behalf of individual complainants.
Good Luck!
A:
The Massachusetts Wage Act requires payment of wages, commissions, overtime, benefits, and vacation time. If your PTO time falls under the Massachusetts Wage Act, you may have a remedy at law. The statutory remedy for an employee whose employer is found in violation of the Act by a Court is three times the amount of unpaid wages/benefits, etc., plus reasonable attorney fees and costs. I am not necessarily saying whether or not your employer violated the Act, as more information would be required. What I am saying, however, is that you should consult an attorney immediately and without any delay. Certain time deadlines apply. You can consult with a lawyer on Justia or find a lawyer any way you please. Hope this helps.
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