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PTO Payout on Termination — Virginia Law

Started by throwaway_buyer_TX · Sep 27, 2025 · 1,022 views · 16 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
TB
throwaway_buyer_TX OP

I'm in a difficult situation in Virginia and trying to figure out my next steps.

fired while on medical leave. I've been dealing with this for about 5 months now and the situation isn't improving.

I have worked at this company for 11 years. My position is non-exempt and I do have a written employment agreement beyond the standard offer letter.

Should I hire a lawyer for this or try to handle it myself?

AF
asking_for_friend_buyer_NC

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

WC
worried_creator_help

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.

EA
EstatePlanner_AZ

Been there. Here's what I learned.

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

TL
Mod_TermsLaw Moderator

I practice in this area. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have Title VII years for this type of claim.

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

DS
DevOps_Seattle

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

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

OD
OpenSourceLawyer_Dan

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

What worked for me was escalating to a supervisor/manager. It took 1-3 months but was worth it.

DC
desperate_contractor_WA

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

DS
desperate_student_GA

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.

WF
worried_freelancer_NY

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

AB
anon_business_owner_2026

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.

AB
anon_buyer_advice

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.

CM
ContractorMike_CA

I went through almost the exact same thing.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

FB
frustrated_business_owner_MA

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.

AB
AgentBroker_TX

I went through almost the exact same thing.

In my case, it took about 1-3 months to resolve. The key was escalating to a supervisor/manager.

NH
need_help_business_owner_2025

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

TR
TruckerRights_OH

Been there. Here's what I learned.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

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