In Cleveland, paid time off, or PTO, occurs when an employee requests time off of work but still receives pay for these hours. Regulations regarding benefits, such as PTO, are under state law instead of federal law. Therefore, an individual does not have the right to vacation pay or paid time off under federal law.
If you believe that your employer did not pay you properly during your PTO, you should speak with one of the experienced attorneys at Tittle & Perlmuter. Our legal professionals could explain how paid time off violations in Cleveland occur and what your options to take action may be.
Employees are not automatically entitled to paid time off in Cleveland. However, if paid time off is available, and an employee has accrued it, it is their benefit to use unless their employer advised them in advance that employees do not receive PTO if they are terminated, quit without giving notice, or the like.
For example, if an employee accrues vacation pay and then leaves their job after a year, they accrue two weeks of paid time off. If an employee who has accrued four weeks of paid time off gives notice that they will be leaving their job, their employer must either pay this person for this PTO or let the employee know in advance, that they will not be paid for the accrued time off, depending on company policy. Any number of perks can be considered employee benefits. While the default rule tends to be that employees are entitled to these benefits that they earn, there may be instances when maintaining these benefits during a career change is up to the employer’s discretion.
Employers may establish some of their own rules regarding PTO, but those rules must have already been in place for them to apply to employees, as employers cannot suddenly decide to withhold someone’s accrued benefits upon this person leaving their job.
If an employee who has left their job believes that they are owed paid time off, they should communicate with their former employer about it directly. If they are unable to resolve the issue with their former employer, they should contact a lawyer.
The Department of Labor may not be involved in matters regarding paid time off, but a lawyer may be able to pursue this PTO violation on behalf of an employee in Cleveland. Employee handbooks, any communication about the employer’s PTO policy, and any documents showing how much PTO that employee has accrued can be useful pieces of evidence in such a case.
An employee should contact an attorney any time they have a question about the legal process. An attorney could discuss the matter with an employee and help them decide whether or not to disclose to their boss that they have contacted a lawyer.
If an employee believes that they are owed paid time off, a lawyer can bring a lawsuit under state law on their behalf to recover any accrued paid time off that was not given. These cases can be pursued on an individual basis or a class basis, depending on the facts of the case. A class-action lawsuit may be the best fit for a case if an employer has failed to pay accrued time off to 40 or more employees.
If you believe that your former employer failed to pay you for your accrued time off, you may have legal options. Our seasoned attorneys at Tittle & Perlmuter could help you prepare a case for the pay you are owed. For more information about paid time off violations in Cleveland, call today.