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PTO Payout on Termination — New York Law

Started by frustrated_creator_question · Mar 20, 2025 · 1,239 views · 20 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
FC
frustrated_creator_question OP

Has anyone dealt with something like this in New York? I'm not sure what my options are.

company not paying final paycheck. I've been dealing with this for about 8 months now and the situation isn't improving.

I have worked at this company for 7 years. My position is non-exempt and I do not have a written employment agreement beyond the standard offer letter.

What are my legal options here? Is it worth pursuing?

AB
AgentBroker_TX

I went through almost the exact same thing.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

EM
EmploymentLaw_Mike Attorney

Licensed attorney — a few thoughts. Here's my take on the legal issues.

The legal framework here involves both federal and state law. At the federal level, the FLSA and state wage laws. Your state may provide additional protections.

One important thing — there are strict deadlines for filing these claims. Don't wait too long.

FT
first_time_dev_today

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

ES
eComm_Seller_2022

I've dealt with this before.

What worked for me was hiring an attorney to send the initial letter. It took 2-4 months but was worth it.

NW
newbie_worker_advice

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

AT
anon_trader_MA

NAL, but from what I've read, you should send a written demand. That said, definitely get a lawyer to look at the specifics.

IG
InsuranceGuy_FL

I went through almost the exact same thing.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

TT
throwaway_tenant_OH

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

FC
frustrated_contractor_question

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

OD
OpenSourceLawyer_Dan

I've dealt with this before.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

HM
help_me_investor_CA

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

HM
help_me_dev_WA

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

NH
need_help_tenant_2023

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

RE
RemoteWorker_EU

I've seen this play out several times in my field.

The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.

SA
seeking_advice_business_owner_2024

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

FT
first_time_contractor_MA

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

PB
PatentAgent_Boston

I've seen this play out several times in my field.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

FT
first_time_creator_2023

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

RE
RemoteWorker_EU

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is filing with the appropriate government agency. I'd recommend gathering evidence first instead.

CA
ConsumerAdvocate

I went through almost the exact same thing.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

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