Washington, DC asked in Employment Discrimination and Employment Law for West Virginia

Q: I have a layoff letter but my employer told unemployment I resigned

I am receiving unemployment for one year. Now my employer reported that I resigned. I received a layoff letter from them . They didn't pay my pto too.

1 Lawyer Answer
Rhiannon Herbert
Rhiannon Herbert
  • Employment Law Lawyer
  • Columbus, OH

A: If your employer is claiming you resigned to contest your unemployment claim, you should make sure your unemployment office gets a copy of your layoff letter and explain that you did not voluntarily resign. Whether you are entitled to your unused PTO upon termination is generally governed by whatever policy is listed in your employer's handbook (i.e. if the handbook says PTO will be paid out, you are generally entitled to it, if it says PTO is "use it or lose it" or won't be paid out upon termination, then you generally can't collect it).

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