Final Pay Discrepancy Issue

Summary

West Virginia law allows employers to deduct used, unearned PTO from final pay. However, if deductions nullify your final pay, consult an employment attorney.

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Final pay not paid to me due to used unearned PTO
Hello **** ****, I understand your issue. Could you please tell me which state you are located in? Employment laws can vary from state to state.
West Virginia
Hello **** ****, in West Virginia:
- Employers must pay for any unused PTO if the company policy or employee contract allows it.
- Final wages should be paid by the next regular payday.
Is there a written policy or contract related to your PTO at your workplace?
You will receive your final pay via direct deposit in accordance with Delta’s regular pay cycle unless otherwise required by state law. PTO is earned on a per pay period basis even though it is awarded upfront at the beginning of each year. If your separation of employment occurs on or before 90 days of employment, no earned but unused PTO will be paid out unless required by state law. If you leave Delta Defense and have used PTO in excess of what you would have “earned” at that point in the year, the excess amount of time used will be reduced from your final paycheck unless otherwise required by state law.
Hello ****,
Based on your company's policy and West Virginia law:
- Pay for used, unearned PTO may be deducted from your final paycheck.
- If you were employed for over 90 days, any earned but unused PTO should be paid unless stated otherwise in the policy.
If they haven't complied, you may seek legal recourse.
The unearned PTO suspiciously added up to my total final check not being issued
Hello ****,
Based on the information you provided, it seems there might be a discrepancy. West Virginia law allows employers to deduct used, unearned PTO from final pay. However, if the deductions completely nullified your final pay, you should consult an employment attorney.