I gave my notice at my job, and after I worked the first day of it they told me “thanks for all you’ve done, but go ahead and take the next few weeks off”.

I gave my notice at my job, and after I worked the first day of it they told me “thanks for all you’ve done, but go ahead and take the next few weeks off”. It’s been common with my company, but I figured since I have always given my best, it wouldn’t happen to me. The problem is, the start date of my new position was structured around the end of my old, and it is not flexible. I have PTO coming to me, but I don’t trust the company to pay it to me promptly because they are not very organized with these types of things. What should be my recourse if I don’t get paid?

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  1. Anonymous

    Id like to see what others say.

    In my experience, don't hold your breath on the PTO . Sadly in this situation, it's better not to give notice and simply be done.

    Read the handbook - if any - and see what the PTO process is

    Organizations like this are void of any professionalism

    Maybe the new company will let you start sooner; in fact, they will see that you are eager and ready to go.

    Or tell the new company a week sooner and take a week for downtime.

  2. Jessica Ferland

    Is this a small company? I've worked mostly at larger companies and any outstanding PTO is included in my final paycheck.

  3. Stephanie

    No, it’s not a small company

  4. Lisa Marie

    Not sure what your local labor laws states, but since there is no federal law on this topic, you'll need to check the company policies. If the policy states that employees are required to provide two weeks’ notice prior to leaving the company and that they will be paid during that time, then the company should follow the policy and pay employees, even if it removes them from the schedule or tells them that they do not have to work the notice period. On the other hand, if your policy states that the company is not required to pay employees during the entire notice period, then the company will be required to pay for only hours actually worked (copied from an attorney website)

    Also, before you leave (you probably have already) ask about your PTO hours in writing as well. You may get a clear answer as well as you may not. But for your own preparation, plan on not receiving it for now, and if you do receive it, then that will be a plus.

    Good luck in your new role. Sometimes the people in charge at our place of work are petty and vindictive. The upside is, you are moving on... away from their negativity.

  5. Anonymous

    Your state's EEOC and labor board has firm laws/rules surrounding when you will be paid. In Cali the employer is fined $ a penalty for each day a former employee is nit paid according to these laws/rules. They must respond immediately to all EEOC directives. This is your best recourse. All notices should contain the date of your notice and call out your last day and mention the total PTO and your current address (because many final checks are manual checks and do not go through the payroll system).

  6. Anonymous

    There is no loyalty with these companies! I gave notice, and within minutes the medical director sent out an email about the new guy coming to replace me. Next day they cut off my computer access. Colleagues were asking work related questions and I had no computer access to answer. Med director then told me to use my PTO and take the rest of my resignation time off. This was indeed one of the cruelest most humiliating experience I ever faced. These companies and these individuals are not loyal and just evil!

  7. Veronyka Cruz

    I generously gave the company three weeks notice. The boss was insistent on stonewalling me and keeping me on his team when I tried to make diagonal moves in IT DevOps. I eventually found another organization and dropped my notice on his desk. Needless to say he wasn’t too pleased.

    The director knew I was unhappy and that I had been trying to move off his team. Unfortunately, there was no budget to move me so I when I gave them my notice, the director offered to pay me for those three weeks as well as my unused vacation. Sometimes it works out, but I checked with my director and my HR department, who confirmed.

    it’s been a little more than a year and they still haven’t found anyone to replace my role. Their loss.

  8. Anonymous

    Lawyer up! If you are due to be paid out, it is your money. Keep records and be in timely communication with person/department that should process it for you. Hopefully with accurate records and persistence, it will not come anywhere close to needing legal action. Also, this is all hypothetical! They may pay you exactly what you are owed, on time. Finally, sounds like you've been put on 'gardening leave,' which is a normal practice when you resign but they don't want you to actively work. It should certainly not be considered PTO and you should be paid your normal salary during it. Best wishes!

  9. Anonymous

    You're done with the old.
    Tell them you need those instructions in writing and let them pay you to sit at home. Meanwhile, you get to spend the next few weeks getting ready and then start the new job as planned. You're employed at your old employer until your end of service date that you gave in your notice unless they do something stupid.

    Don't get paid? Then seek assistance from your local gov't agency for such things, whether on your own or through an attorney.

  10. Shelly Edwards

    If you have notice with a later start date and your company dismissed you prior to that notice period ending, technically they just terminated you and you are entitled to unemployment for the duration of time between when they dismissed you and the last date of your notice. I would reach out to HR and let them know your state laws regarding PTO payout to get that going. Then I would file for unemployment for the time period you are off. Then enjoy your break before starting your new job.

  11. Stephanie

    Thanks, I didn’t think about that.

  12. Rae Wagoner

    You didn't say if you confirmed this time will be at full salary. That's important.

  13. Stephanie

    I didn’t ask. I assumed not.

  14. Rae Wagoner

    I think I'd phrase it as "will the remainder of my notice be at full salary before you pay out my PTO of X hours that I have on the books, or should I consider myself terminated and go ahead and file for unemployment?" That will let them know you're not just going home quietly.

  15. Anonymous

    Are the paying you in lieu of your notice period? Or just not paying you at all and you need to rely on them to pay out your vacation time? Also, depending on what state you live in, there may be a requirement to pay out your vacation by X date.

  16. Anonymous

    PTO unless accrued on your pay stub will not be paid out. If the company is accruing vacation that shows you how much you have on your stub they must within the time period set by your state. Check with your local gov't FEHA to see what that is. If they are releasing you sooner they must usually pay you immediately or within 72 hours of the release. Good luck in your new job.

  17. Mislyn

    Wish my boss would have don’t this! Would have saved me a lot of stress.

  18. Anonymous

    Confusing note. But sounds like they accepted your resignation and it's effective now. Which an employer can do, and sometimes it's best for business to be honest. Now, if it's a state that requires pto to be paid out, that's another issue. If it's not a state that requires that, then that is out of your control as you would/should know that already. Now, your note could also sound like they're willing to give you the time off coming up with pto going to be paid and you won't be termed until your pto is up. Not clear. If they don't pay your pto out and you're not in a state that does then you are out. Knowing these things is so important prior to giving notice. good luck.

  19. Anonymous

    Agreed. We've had instances where people only gave the 2 week's notice to get their PTO payout in their final paycheck and spent that entire 2 weeks sabotaging projects, spreading rumors, etc.

  20. Anonymous

    I agree with some of the comments below. You gave proper notice and should be able to work it out and be compensated regularly. They can allow you to take it off or not work that period, but should still pay the notice period. If not, then the decision now defaults to them and puts them on the hook for potential unemployment claim. Which you could file for the missed 2 weeks of compensation. A lot of paperwork on both ends so gives you some negotiating power so you don’t miss a paycheck. As far as paying out pto, see what’s in your policies. If unused pto is paid out, it should be on your final check that follows your last day worked…that’s the law! Most states if the term is involuntary final payout is just the next regular pay period.

  21. G C Hesse

    I'm curious as to why you gave a 2 week notice???? In this job market you do what is best for you. Plus you had a heads up on what could happen.....there is no loyalty with companies these days.

  22. Anonymous

    I mean, if you don't care that you are burning bridges, then not giving two weeks notice is fine

  23. Anonymous

    Agree because that bridge you burned always has to be walked over again . Never fails

  24. Anonymous

    At my company, my contract says I’m required to give four week notice. I plan to honor my contract. If they don’t honor their end, I will be in the same situation.

  25. Stephanie

    It seemed like the right thing to do, but obviously it didn’t matter ?

  26. Anonymous

    Our company policy states that if you do not give 2 weeks notice for a voluntary resignation, we are not obligated to pay out your PTO balance.

  27. MP

    That may or may not be legal in that state

  28. Anonymous

    not in MD can an employer hold PTO for not giving notice. It's your earned PTO/Vacation so it's yours as earned. That being said, if you have sick time and vacation, then in MD you are paid the vacation time left but not sick time. Also, if after giving notice you are let go, then they have to pay you the 2 weeks plus earned vacation. Contact your labor board. Nowadays, if you didn't give notice and that particular employer is contacted by the new employer for a check of your references; they cannot speak ill of you or face a lawsuit. Most new employers would consider what a previous employer had to say about you as sour grapes and they don't care to hear that.

  29. Anonymous

    Sometimes these things happen! Even when you've been a great employee - sometimes managers are caught off guard or upset someone is leaving. This happened to me when I resigned from a toxic workplace, which was a relief in many ways for me. I clarified I would be getting paid and asked HR what paperwork I would need to complete to guarantee I earned my final two weeks of pay. I took a photo of the paperwork I signed for my manager. I also took a photo of the paperwork I signed confirming I had returned my office keys and swipe card, so those wouldn't be deducted from my final paycheck. HR was able to confirm how many PTO days I'd be paid out for and when I would expect that paycheck to hit direct deposit. I kept in touch with HR in the weeks leading up to what would have been my final day. This was at a large hospital system. If you're at a smaller organization, speak with your HR or union rep, and make sure to document everything - if management told you they were giving you these two weeks as a sort of "severance," then I'd send an email to the powers that be confirming you understand this correctly. Hold on to this e-mail and any other documents if you need to follow up later. Good luck!

  30. Anonymous

    Have you asked if they are paying out your notice period? If not how in HR approved for your voluntary resignation to become involuntary and can they provide you with the documents needed to apply for unemployment. This is such a bad practice, but typically most companies will pay it out.

  31. Anonymous

    I am sorry to hear about your experience. Sometimes, it may be best to stay on with a company so you can use your PTO or any remaining sick leave. I would try to take up the issue with HR.

  32. Anonymous

    My former employer paid my accrued. PTO when I resigned. Check the PTO policy before leaving.

  33. Anonymous

    My former company would do the same with the sales team . The day they gave notice, they would cut a check for all PTO ,etc and out the door . However that was due to not giving them time to take client information.

  34. Anonymous

    This happened at my old job to secure information. They would still paid for the time the person said they would be quitting and any time off accrued. Make sure this is the situation prior to signing anything.

  35. Anonymous

    They should pay you in lieu of notice.

  36. Melissa Dawn

    Be sure to check your HR manual. My company does not pay ANY PTO once someone gives their notice.

  37. Anonymous

    Ya I’m going through the same thing I’ve been there all together about ten years or so never callout , all clients like me the girls I work with complement me all the time , Go way above my duties and just because of a rude RN that came in from hospice my boss took her word over mine I’ve been with my client about five years or So and now she’s dying ,I was at another house the client pass the same nurse came in there like drill sergeant it was awful the way she treated us girls and the family no one cared for her. But of course I spoke up she had called my boss to come over about something that hadn’t had anything to do with me , Here she is suppose to be a professional. And she narcissist boy did she ever know how to play people so I quit , I was so upset my blood levels were dropping and I fiqured after all these time me working there and this is a new boss maybe a couple of years and this is how I was treated I’m glad I left , they still owe me for hours that I’ll never get. I’m 59 a cpl years I’ll retire I don’t need to be disrespected just because of a degree. So know we re just bottom feeders they don’t know us , You can call the boss even her vacations are more important I didn’t want to leave that day cause I knew and God knew the devil had enters the house and I just wanted to console my client I was one of her favorites that she trusted getting 24/7 care getting up aND SHE ENDED UP WITH A BEDSORE, shouldn’t of happened At these point of working there as a companion, most of them had any experience taking care of someone in her position, here Iam teaching the companies girls how to reposition her etc everyone coming to me asking questions not knowing what to do and over a rude nurse being a t bully my other client family stood up for me, because they knew I put my heart and soul into there mother. I don’t understand How they can just treat us like we’re nothing when we’re the ones who do all the work! So I’m really sorry you had to deal with that it doesn’t matter whether we do things right or wrong there still going to treat us like we don’t matter and do you think they really care about the Clients it’s all about money

  38. Anonymous

    What? I would think by 59 punctuation and grammar would not be such a difficult task.

  39. Nancy Cincotta

    Did that comment make you feel better? It was completely unnecessary and rude.

  40. Anonymous

    I wish there was a haha reaction

  41. Kim Pfeiffer

    Your new employer may be thrilled you can start earlier

  42. Katherine Metres Akbar, Interview Coach & Resume Expert

    That means they let you go? In that case, you can collect unemployment, I think. Did they give you something to sign? If not, you might draw up something yourself (with the help of an employment lawyer, ideally, but doable off the Internet if you want to do it on the cheap). That agreement would state by when they need to pay your unused vacation. I believe that's the law, so if they violate, you can get your state's Department of Workforce Development involved. They will likely fiy right and fast if they get a notice from a regulatory agency.

    Congrats on the new job!

  43. Anonymous

    Retired Dir. of Compensation and Benefits here….This is still a voluntary resignation even if you are not allowed to work to the end of your two weeks notice! This is a very common tactic in some industries. Whether or not you can collect PTO depends on your Company’s handbook wording. Time called “ vacation days” must be paid but PTO is a bit different. Any one giving notice should plan for the possibility of an early departure.

  44. Anonymous

    You should be paid through your voluntary notice period. It should be automatic and cease as of your notice date. Unsure about PTO - many companies would only pay out PTO in case of retirement or job discontinuance - as others have mentioned, check your HR policy on that.

  45. Zeeshan Khan

    You should be paid through your voluntary notice period. It should be automatic and cease as of your notice date. Unsure about PTO - many companies would only pay out PTO in case of retirement or job discontinuance - as others have mentioned, check your HR policy on that.

  46. Monica McKinnon

    Agree with Zeeshan Khan -- you should be paid for that time since you gave adequate and ample notice.

  47. Anonymous

    Depending on the state in which you are employed, you are entitled to being paid for unused PTO. The company that I work for has workers in all 50 states and only pays out unused PTO to employees in states where that is the law, such as CA where I live. Fellow workers in NY and AZ do not receive PTO when either laid off or leaving voluntarily. Check your state to confirm.

  48. Janet Parkhurst

    Since you gave your two-week notice like a professional should do, and your employer basically ousted you, you can collect Unemployment compensation after a period of one week. I could put in a claim ASAP. He/she didn't say "take the next few weeks off WITH PAY", did he? So, I wouldn't "trust" anything. If he does end up paying you, just let unemployment know and you will simply pay them back.

  49. Rosa Thomas

    If your can afford to take a breather between jobs, do take it. You may not be able to comfortably take any time off from the new job for some time. Self-care is always paramount. We in America have a hard time doing this.

  50. Anonymous

    It really sucks how often I've heard that happen. I never try to give too much time ahead of for this reason, even though 1-2 weeks might not be ideal or enough time. It's a Catch 22 of wanting to leave on good terms/usable for resume while not wanting to get shafted by so called "loyal" companies. Good luck.

  51. Carol23

    (What I have done was to get written references (from the supervisor I trust the most) prior to tendering my resignation)

  52. Anonymous

    I don't have advice for this situation in the US, just an interesting point of cultural difference for the curious out there. In the UK, this is called gardening leave--the company pays your salary for your notice period plus any accrued annual leave in a single payment and you don't work. This works out to be either a free holiday for those with a job lined up, or it's a bit of a bolster for the job search.

  53. Anonymous

    It’s common practice and often times just a precaution to protect company from liability. Just be sure to save a copy of your last pay statement, ie request access. If you accrued time and the employee manual didn’t state forfeiting unused paid time off, you will likely get paid out without issue. If you do not for some reason EMAIL the company’s HR contact to inquire. Keep the communication chain in tact on the email.

  54. Anonymous

    I think you have some protections depending on the state you live in - your company may be required to pay you for your notice period or until was expected to be your last day. As others have pointed out, you could also file for unemployment for a short period of time.

    I would talk to your People Ops or HR team about your PTO payment. You should have access to your payroll system for a period after your last day, so you can track and put in requests.

  55. Carol23

    You will be lucky if you get the PTO at all. Many businesses, do NOT honor PTO once an employee gives their 2 week notice. I have even been told upon tendering my resignation that I am not welcome to return the following day.

  56. Jenniffer E.

    Look, you are moving on to better things. Forget recourse! Hopefully you will get your PTO, in the meantime enjoy your time off. Life is short don't spend the next few weeks worrying about this situation, whatever is going to happen will happen.

  57. Anonymous

    Yes hopefully. It’s a little harder for me to enjoy time off when I’m not sure if I will have a paycheck next week. I completely agree with your life is too short statement as well, but I have to have money to live.

  58. Glenn Gutmacher

    And here's even more evidence why unlimited PTO policies are so popular (at least more at high tech cos--but various job functions are real jobs at various corporations). Keep your eyes open at other companies in your type of work/job function just in case things go south.

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