Q: Can California employer have a policy that forfeits earned and unused PTO when switching from full time to part time?
Former Employer is refusing to pay out unused earned PTO because I was ineligible to receive vacation benefits after switching from full time to part time. I totally understand not accruing additional hours upon the reclassification, but I’m not sure if it’s legal to have a policy of forfeiture for earned/banked PTO. Just wanted to see how to navigate this, since it’s been almost 2 months- it’s a measly amount, but it just feels like they’re giving me the run around; unless I’m wrong and they’re within their right to have such policies
A:
It is not lawful to have you forfeit any accrued and unused vacation pay. You need to decide if fighting it is worth it. That is not a legal question.
If you wish to fight it, you have options. One is to hire an attorney to demand payment. Another is to file an administrative wage claim with the California Division of Labor Standards Enforcement. Another is a small claims action.
Each of these options have pros and cons. It would be wise to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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