Legal Question in Business Law in Florida

I resigned from a position as a nurse. Gave my two week notice. Worked 5/6 shift, and had to call out of the last shift, which I did with proper notice a day in advance. They did not pay out my PTO that I had. HR stated it was because of their policy. We have been emailing back and forth. She gave me only snippets and then went up to the Senior HR rep at the Home Office who gave me a full policy, but nowhere does it state that calling out a shift makes you forfeit your PTO. It states when resigning you have to give proper notice and that proper notice is giving your two week notice, which I did. They still refuse despite pointing that out to pay out my PTO to me. What can I do?


Asked on 3/26/20, 9:41 am

3 Answers from Attorneys

Philip Duvalsaint Philip A. Duvalsaint, PLLC

You should immediately consult with an attorney. Please call my office to discuss further.

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Answered on 3/26/20, 10:27 am
David Slater David P. Slater, Esq.

You can bring a breach of contract action depending on your employment policy.

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Answered on 3/26/20, 11:05 am
Diane Downs DMD Law, P.A.

Not sure what call out means. Also, do you have an employment contract? If so, that dictates. If not, then to help you, I would need to see the policy.

I agree you need to see an attorney. You may call my office, but if not, please see an attorney who specializes in this type of matters.

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Answered on 3/27/20, 10:34 am


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