Q: Can my former employer refuse to pay me for PTO upon termination?
It was determined by the Texas Workforce Commission that I was terminated without cause and unemployment benefits are being paid. Can I now request and get paid the the 56 hour of PTO owed me since my termination was without cause? Their appeal deadline has passed and no appeal was made by my formed employer.
A:
Yes I believe you should get paid for that if the employer has it in writing you will accrue vacation time and your employer should be penalized for not already paying you for that because it must pay your final pay w/i 6 days. The Texas Employment Commission can also help you with that claim as well.
Under the Texas Payday Law, an employer is not required to offer fringe benefits such as vacation pay, holiday pay or other pay for hours not worked. However, if the employer offers these benefits in writing, the employer would be obligated to comply with their own policy or employment agreement. The employer has the right to establish policy on how these benefits are earned, accrued, used and if they are paid out when not used, barring any policy which might be considered discriminatory as defined by law.
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