Port Charlotte, FL asked in Employment Law for Florida

Q: If I quit my job of 10 years, in mortgages for a bank, am I entitled to the PTO time I have earned. It’s. A lot.

I have close to 7-8 weeks vacation - I have had several requests denied and have been “leaned on” that I can’t first two weeks of month or last week of month so that leaves ....not much.

I’ve had no raise in 4 years. And have been lied as to why. It’s just because they can.I’m not married - literally know no one where I live. I work and sleep. So...what am I going to do? No one around here pays any more money.

And they know it - so why bother giving me a raise, when they know they don’t have to.

I am thinking about cashing out my 401K and my like 7 weeks of PTO (if I KNOW i can get it - I EARNED it - I don’t see why it’s not my money) - I can live ok for over a year on that if I have to while looking for a job and getting the suicidal thoughts out of my head.

But I need to be able to survive for a while.

It’s the only reason I’m still there in the first place.

My question is - they DO have to pay me all of my accrued PTO correct?

Related Topics:
1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Tallahassee, FL
  • Licensed in Florida

A: There are several "related" issues here, the most important of which appears to be your PTO; so let me answer that question and then leave you with two other responses I see might be applicable here.

1. PTO: Being allowed to take PTO when you want it and being entitled to "cash it in" now that you have quit are not the same issues. There is nothing you can do about the first concern; but there is about the latter: If other employees who quit have been allowed to cash in their PTO than you are too. Hire a lawyer if denied.

Free advice for the future:

Florida is an “at will” state, which means private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these adverse employment decisions based upon the employee’s race, gender, age, handicap, disability, religion, marital status or national origin.

More free advice:

If you feel you have been discriminated against because of your race, gender national origin, disability or any other listed "classification" or if you feel you have been retaliated against for speaking out or asserting your legal rights in the workplace, you should contact the Florida Commission on Human Relations (FCHR) here in Tallahassee. The FCHR's toll free telephone number is (800) 342 8170; or you can call them at (850) 488 7082. If you do call, ask to speak with an Intake Counselor. IMPORTANT: You do not need a lawyer to file an FCHR case; but retaining one to advise you BEFORE you file a Charge of Discrimination at FCHR will help get through the bureaucracy much easier and faster. (Note: Advisory legal fees are usually much lower than representation fees; and many are on a flat fee basis. So be sure to ask the lawyers you call how much they will charge just to advise you as you go through the FCHR process.)

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