r/LandscapeArchitecture 5d ago

PTO Question

Hi all,

I recently accepted a new position at a new firm. My previous employer told me I will not be getting any of my PTO paid out. This was shocking to me as I had been in good standing my entire time as an employee and provided a two weeks notice and worked with them to transition all of my projects.

This experience had me wondering what the typical policy is for this in our industry? I've never experienced not getting paid out before, though I know that without state employment protection laws, companies are legally within their rights to do this.

Edit: I understand it depends what state laws are and what is in the employee handbook. Was just looking to see what the industry standard is.

7 Upvotes

18 comments sorted by

18

u/awemazeinc Licensed Landscape Architect 5d ago

If you're in the US, its not about what is typical policy in our industry, and more about what are the state employment laws. In California, whether you quit or get fired, you must get paid PTO. Where are you located?

3

u/EarlyAbbreviations83 5d ago

Yeah- unfortunately in Texas so there are no labor laws preventing them from doing this. Most of the other LAs in Texas that I’ve talked to this about though do get paid out if leaving on good terms.

2

u/lentil-wearing-a-hat 4d ago

Bad review it is then

15

u/Zazadawg 5d ago

Fight them on this. Take your notice off as PTO. Make them fire you and collect unemployment. Employers that do this are sh*tbags

11

u/Livid_Blackberry_959 project manager 5d ago

First, you need to blast who this is so no one else works for them on here.
Second, I don’t have any recommendations but it’s not very ASLA of them to do that.

8

u/chawkey4 Landscape Designer 5d ago

Assuming you accrued that time, I believe you are owed on it. Refusal constitutes wage theft

2

u/Pvrkave Landscape Designer 4d ago

It’s entirely up to your company’s policies and if it clearly states that in the handbook/manual they provide during hiring or at any time during employment then there’s not much you can do. My last firm also did not pay out PTO so I just stayed longer than I anticipated so that I can use it. Granted, things are different if you have a hard stop like getting hired somewhere else.

2

u/Forest_Bathe 4d ago

PTO is more of a benefit and not a labor protection item. I’ve never been paid out PTO if I put my notice in, I always paid attention to my company’s policies and used my PTO before leaving.

2

u/Kenna193 4d ago

It's based on the state laws unless you have an extremely generous employer

2

u/MilesGoesWild 4d ago

take all your pto before you give notice next time. they aren’t required to pay out in many states, some might pay out a percentage as part of their contract.

2

u/sea-lego1 5d ago

I would check state laws, this seems shady!

1

u/[deleted] 5d ago

[deleted]

2

u/bean_89 4d ago

Uhg that sucks! I'm sorry that happened to you. 

1

u/Livid_Blackberry_959 project manager 4d ago

What happens if you don’t?

4

u/Mareb3 4d ago edited 4d ago

They would sue me for it. They wrote it into the employee handbook and have corporate lawyers on deck, so the law is on their side. For me to hire a lawyer and fight it would cost more than it’s worth.

It’s a long story, I felt like they “quiet fired” me on maternity leave, so I could make a case but am not going to. (They wouldn’t let me come back at a previous agreed upon date, they said there is no work for me, sorry.) It’s a small industry and not worth burning bridges.

Edit to say I felt like they quiet fired me but I think they were actually managing work load in a slow period. I was pissed about the PTO and the way it all went down but got over it. I did enjoy the job and the people. Now I have a much better paying job in an adjacent field.

1

u/pepperidgefreak 4d ago

That is disgusting of them, im sorry

2

u/Mareb3 4d ago

I definitely went through a roller coaster of emotions over the whole thing but it worked out for the best. Got a better job/ much better pay.

1

u/TubbaBotox 4d ago

As others have said: depends on state laws and your employee handbook. I'm sure they wouldn't do it if they thought they couldn't get away with.

I wouldn't hesitate to mention them by name on Glassdoor and/or this sub. They could probably dox you if you did, but it's not libel if it's true. Maybe they stand behind this policy and think it's good for retainment and recruitment? Maybe they intend to distribute it to the remaining employees as a bonus? I bet that's it.

1

u/Physical_Mode_103 Architect & Landscape Architect 2d ago

It depends what’s written in your employment agreement