West Jordan, UT asked in Employment Law for Utah

Q: Can I fight to get my PTO back from my company if I was never informed that it didn’t rollover to the next year?

I had 52 hours saved up and was just informed that it is “use it or lose it”. That’s quite a bit of money I missed out on because my manger and and HR never explained the policy to me.

Related Topics:
1 Lawyer Answer

Wesley Winsor

Answered
  • Saint George, UT
  • Licensed in Utah

A: First, might I say that I feel for you. That sounds extremely frustrating. I am so sorry that would be a real kick in the pants. Next let me get to your question.

Your terms of employment were probably governed by a contract. I would look first to that contract and whether it said anything about the PTO policy. If it referenced the employee handbook or an alternative document and that alternative document had the policy in there, then you I am afraid that you don't have much of a case. As long as you had notice that there was a policy out there and that you could have accessed it if you wanted to, then it is your responsibility to educate yourself and not theirs to educate you. If you had tried to get he policy and they never gave it to you or purposely mislead you, then that would be a different story, but just because they didn't explain it to you doesn't give you a cause of action.

I hope this helps even though it may not be what you wanted to hear.

Wes

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.