No PTO in last paycheck
[CA] Just got my last paycheck today after 5 years and only had 8.74 hrs of PTO in it. I only ever took one vacation in those 5 years and it was 5 days off in may 2023 for EDC LV. I would on rare occasion use sick days but always had some rolling over each year. I was sure I had at least 56 hours of PTO but they are now saying that was sick time and doesn’t pay out. They have changed payroll companies at least 3 times in those 5 years. The california based companies management is super shady and i’ve heard many employees over the years say they had issues with their paychecks but this is the first time i experienced it and it’s not a small sum. It’s an energy infrastructure company. They have always underpaid employees and strongly against unionization. I saw so many good employees come and go and now looking back I feel a fool for staying there so long and being underpaid so much. They are not doing well now, probably in debt but I still want at least what I’m owed.
Before the current payroll company we used a different one and it shows i had 60hr of pto last year then after the switch it was turned into sick time apparently. Its very shady and im still going through all the pay stubs but i feel like i have a case already but dont know what next steps to take. I did message the main manager who is now also HR because HR lady quit not long ago. He’s also the one who printed my final check, i got no response and as i was screenshotting all my old pto requests he deactivated my account. It also looks like even though i was requesting to use sick days they would use pto instead.
Any help would be greatly appreciated!
Jobadvisor
This sounds like a very frustrating and potentially serious issue. Dealing with final paychecks, especially when it involves accrued benefits like PTO, can be complex, and the circumstances you describe (payroll changes, unresponsive management/HR, account deactivation) make it even more challenging.
Since you are in California (CA), there are specific laws that protect employees regarding the payout of accrued vacation time. You definitely have grounds to investigate this further.
Here is a breakdown of the relevant information and the next steps you should take:
1. 🛑 Understand California Law on PTO
In California, accrued vacation time (which is often synonymous with PTO, depending on the company's policy) is treated as earned wages. This is critical:
Vacation/PTO Payout is Required: When an employment relationship ends (whether by voluntary termination or layoff), the employer must pay out all accrued, unused vacation/PTO hours on the final paycheck.
"Use-It-or-Lose-It" is Illegal: Companies cannot have a policy that forfeits accrued vacation time (e.g., if you don't use it by year-end, you lose it).
Sick Pay is Different: Accrued sick leave generally does not have to be paid out upon separation of employment under California state law, unless the employer's policy specifically states they will pay it out.
The key issue is how your company classified your time: They may have intentionally or mistakenly reclassified your banked PTO (which must be paid) as Sick Time (which generally does not have to be paid).
2. 📝 Immediate Action: Gather and Organize Evidence
Before taking any formal legal steps, you need to consolidate your evidence.
Final Pay Stub: Get a clear copy of the final pay stub showing the 8.74 hours of PTO paid out.
Previous Pay Stubs/Statements: Collect all pay stubs and PTO/benefit statements you still have, especially from before and after the payroll system switches.
Specifically find the stub that showed 60 hours of PTO before the switch. This is strong evidence of the hours you had accrued.
Company Policy Documents: If you have access to or copies of the employee handbook, benefits guide, or any official document that defines:
How PTO accrues.
How Sick Time accrues.
If any time is considered combined "PTO."
What their policy is on paying out unused sick time (if applicable).
Correspondence: Print/save any emails or messages where you requested clarification, where they confirmed your PTO balance, and where they told you the balance was now "sick time."
3. ⚖️ Recommended Next Steps
A. File a Wage Claim with the DLSE
The fastest and most direct way to address this is to file a claim with the California Division of Labor Standards Enforcement (DLSE), often called the "Labor Commissioner's Office."
What it is: The DLSE investigates and enforces California's wage and hour laws, including final pay and vacation pay. It is a free process for you.
How to do it: You can start the process online. Search for "California DLSE Wage Claim" to find the official portal. You will need to provide all the evidence you gathered in Step 2.
Why this works: The DLSE can demand records from your former employer and, if they find the company violated the law, they will order the company to pay you the owed wages, plus potential waiting time penalties (a penalty equal to one day's pay for each day the final wages are late, up to 30 days).
B. Send a Formal Demand Letter
While filing with the DLSE is the main step, it's also a good idea to send one final, formal letter (via email and certified mail, if possible) to the company's leadership/payroll/HR.
The purpose: To formally document your demand for the owed wages before the DLSE gets involved.
Key points to include:
State the date of your final day of employment.
State the amount of PTO you believe was owed (e.g., 60 hours).
Cite the evidence (e.g., "Pay stub from [Date] showed a balance of 60 hours of accrued PTO").
State that under California Labor Code Section 227.3, accrued vacation/PTO must be paid out as final wages.
State that their failure to pay the full amount on your final paycheck may subject them to waiting time penalties under Labor Code Section 203.
Give them a short deadline (e.g., 10 days) to correct the pay.
C. Consult an Employment Attorney
Given the history of shadiness, multiple payroll switches, and the immediate deactivation of your account after you questioned the pay, it may be wise to consult with an employment lawyer who handles wage and hour disputes.
Why a lawyer: They can evaluate the case quickly, advise on the best course of action (DLSE or lawsuit), and may be able to secure a larger settlement, especially if there are other wage issues (like misclassification or overtime). Many offer a free initial consultation.
🚩 A Note on Account Deactivation
The deactivation of your account immediately after you messaged management is a concerning tactic. While they are generally within their rights to deactivate an employee's access upon termination, doing so immediately after a wage dispute is raised looks retaliatory and is a further signal that they do not want you to access data that supports your claim. This is a crucial detail to include in any formal claim you file.
Would you like me to find the official link for filing a wage claim with the California Division of Labor Standards Enforcement?
That is a perfect next step. Filing with the California Division of Labor Standards Enforcement (DLSE) is the primary recourse for employees in this situation.
Here is the essential information you need to move forward with the DLSE:
🏛️ California Labor Commissioner's Office (DLSE)
The DLSE is responsible for enforcing wage and hour laws, including the payment of all accrued, vested vacation/PTO upon separation.
1. How to File Your Wage Claim
The official process is called "Wage Claim Adjudication." You can file the claim online, by mail, or in person.
Online Filing (Recommended): The easiest way to start is through the Department of Industrial Relations (DIR) online portal. You will fill out an initial form that asks for:
Your personal and contact information.
Your employer's business name, address, and contact information.
The dates of your employment.
The specific wages you are claiming (in your case, the dollar amount for the estimated 56 to 60 hours of unpaid PTO).
Key Forms: While the online system helps, the core document is the DLSE Form 1 (Initial Report or Claim). You may also need to use the DLSE Vacation Pay Schedule Form to detail your claim specifically for PTO/vacation wages.
2. Contact Information for Assistance
If you have questions about the process or need assistance filling out the forms, you can call the Labor Commissioner's Office:
Labor Commissioner's Office Phone: 833-526-4636 (This number covers inquiries about wages, breaks, retaliation, and labor laws).
Locate an Office: You should file your claim with the office that handles wage claims for the city/location where you performed the work. You can search for the nearest local office on the DIR website.
3. What to Prepare for the Claim
As mentioned before, make sure you have your evidence organized:
The Pay Stub showing 60 hours of PTO (from before the payroll switch).
The Final Pay Stub showing only 8.74 hours paid out.
Your estimated dollar value of the unpaid hours (e.g., 60 hours * your final hourly rate).
Documentation of the manager's refusal to respond and the subsequent account deactivation (which can be listed as potential retaliation in the claim).
4. What Happens Next (The Process)
Filing: You submit your claim form and supporting documents.
Investigation/Conference: The Labor Commissioner's Office will investigate the claim. In most cases, they will schedule an informal settlement conference between you and your former employer to try and resolve the dispute.
Hearing (if not settled): If no settlement is reached, a formal administrative hearing (called a Berman hearing) is scheduled where a hearing officer reviews the evidence and issues a decision.
Decision: If the decision is in your favor, the employer will be ordered to pay the owed wages, plus any penalties, such as the waiting time penalties for not issuing a correct final check.
This is your most effective and lowest-cost legal avenue.
Help! Accidentally Ghosted Candidate
I’m not in HR, but the hiring manager. I had a req for a contractor role. We utilize a platform that processes candidates and notifies them when they’re selected or not. One candidate didn’t go through that platform, and we scheduled an interview outside of the process. It’s been approximately six weeks since the interview. We decided to go with another candidate several weeks ago. I recently discovered he texted several times on this number that i use for some things like LinkedIn, etc. Should I respond? I feel like any response I give won’t be of value or won’t change the situation. I feel bad, that’s why I’m here
:-(
Is it okay not to open the wound for the person or make me feel even more horrid for having to send such a late unprofessional response? Is ghosting ever ok?
Jobadvisor
This is a very common scenario, and it's completely understandable why you feel bad—you're being empathetic to the candidate's experience. It’s a good sign that you care about treating people professionally.
While it is tempting to let the silence continue to avoid awkwardness, ghosting is rarely, if ever, okay in professional recruitment, regardless of how much time has passed or the role type (contractor or permanent).
Here is a breakdown of why you should respond, how to do it professionally, and what to say:
1. 🎯 Why You Must Respond
A. Professionalism & Reputation
The candidate didn't go through the automated system, which means the responsibility for closure fell solely to you. Your company’s reputation is now tied to the unprofessional silence. Responding, even late, corrects this lapse and shows professionalism.
B. Candidate Experience
The candidate invested time and effort. Leaving them hanging for six weeks is painful. They are likely expecting a "no," but the silence prevents them from fully moving on. A response, even late, gives them closure.
C. The Texts are Your Cue
Since the candidate reached out via text, they are actively looking for an answer. By not responding now, you are actively choosing to ghost them, rather than simply letting an accidental oversight continue.
2. 📧 How to Craft the Response (Keep it Simple)
Since this was a contractor role and the interaction was informal (text), a brief, direct, and apologetic message is best. You should use the text channel they used, as they are expecting an answer there.
📝 Suggested Script
Here is a template you can adapt:
"Hi [Candidate Name],
Please accept my sincerest apologies for the significant delay in getting back to you regarding the [Job Title] contract role.
We moved forward with another candidate several weeks ago. I apologize that this final communication fell through the cracks on my end, and I regret any inconvenience or frustration this caused you.
I genuinely enjoyed meeting with you and appreciate the time you took to interview. I wish you the very best in your job search."
Best,
[Your Name]
Key Points of the Script:
Acknowledge and Apologize (Briefly): “Please accept my sincerest apologies for the significant delay...” Take accountability directly, but don't over-explain the "why" (don't mention the platform mix-up; it just sounds like an excuse).
Deliver the News Directly: “We moved forward with another candidate...” No ambiguity.
Close on a Positive Note: “I genuinely enjoyed meeting with you and appreciate the time you took to interview.”
3. 💡 Moving Forward (Preventative Measures)
This situation is a great learning opportunity for your internal process:
Standardize Communication: Ensure that anyone brought outside the formal platform (a "side door" candidate) is immediately logged or flagged in a specific way (e.g., a special column on a shared spreadsheet, or a reminder on your calendar) that assigns the responsibility for closing out the loop.
Set an Internal Deadline: Whenever you make a hiring decision, have a hard internal deadline for all unsuccessful candidates to be notified within 48 hours of the final decision.
It will feel uncomfortable to send this message, but you will feel much better afterward knowing you handled the situation professionally, and the candidate will have the closure they need.
Government Job FMLA
I’m currently in something of a nightmare situation. My manager has been harassing me constantly, and belittling me throughout the day. She dumps impossible amounts of work on me, and even if I do pull it off, she moves the goal posts and blames me for not meeting her standards.
She lies constantly, has written me up to HR 5 times this year for small things like “sending an email instead of using the online portal to message someone” — which I had a good reason for, mind — and plenty more. I mean, she berates my coworker and I constantly. She’s left my coworker in tears, torn into me in meetings for hours at a time, and she even locks my office door every day so I have to see her every day to unlock it.
I’ve been documenting everything, but there’s a lot she does to protect herself from accountability. She’s in charge of public records, so she’s always careful not to have anything in writing. She even verbally added another aspect to my first PIP (PID, here) where she required me to send her pictures of myself at my desk for proof as to my attendance. Hell, there was one point where I showed 30 min earlier and she fussed at me and told me I couldn’t start work early, that I wasn’t going to get paid for it, and that I couldn’t leave early either. I literally just wanted to get more stuff done before our morning meeting.
Worst part is, and why I’m posting here is, she’s buddies with HR. She has lunch with one staff member every day and loves gossiping with the other. I don’t have proof of this, but the other HR staff member reached out to my manager when I asked her how to take advantage of my free therapy to tell my manager what I said. And, she’s quick to glow about her — this lady once told me how lucky I was to have my manager when my manager put me on a random PIP that I aced. I aced two PIPs (since they were bologna), and I’m on my third random one now. Joy joy.
There’s a lot more individual lore here, but I’ve honestly started having such bad anxiety that I’ve had physical reactions to it. I’ve had this… weight? On my chest? I’ve had auditory hallucinations of Teams notifications where she’s messaging me or calling me. I’ve had to lay down on the office floor to calm myself. It’s been a nightmare.
I have a case for FMLA — but… I really, really don’t want to work for her anymore, man. I really don’t. And it isn’t like I’ve got something else lined up. But HR won’t help, and I can’t just quit. What do I do? How do I navigate this?
Jobadvisor
This sounds like an incredibly stressful and damaging situation, and I am so sorry you are going through this. The physical and emotional reactions you are describing are serious and completely understandable given the level of stress and harassment you are enduring.
It's very smart that you are documenting everything. Given that this is a government job, you may have specific protections and avenues for recourse that aren't available in the private sector.
Here is a breakdown of how to approach this, focusing on your immediate health, the FMLA angle, and potential next steps to get out from under this manager.
🛑 Immediate Priority: Your Health and FMLA
You are describing symptoms that strongly suggest a medical need for time off, which is the core of an FMLA claim.
1. Consult a Doctor/Mental Health Professional
This is the crucial first step. You need a medical professional to formally certify your condition. The "weight on your chest," anxiety attacks, and auditory hallucinations are serious symptoms.
Be completely honest about how your work environment is causing or aggravating your condition (severe anxiety, stress-induced physical symptoms, etc.).
The doctor will determine if you qualify for FMLA due to a "serious health condition," which includes severe anxiety or a stress-related disorder that makes you temporarily unable to perform the functions of your job.
2. File for FMLA (Family and Medical Leave Act)
You have a case for FMLA: You are clearly experiencing a health condition that renders you unable to work effectively, caused by a hostile work environment.
FMLA protects your job: If you are eligible (which typically requires you to have worked for a covered employer for 12 months and 1,250 hours), FMLA grants you up to 12 weeks of unpaid, job-protected leave. This means they cannot fire you for taking the leave, and your benefits must be maintained.
Bypass the Manager/HR Gossip: You still have to notify HR that you need FMLA, but they cannot deny it if your doctor certifies the medical need. The HR staff member's personal relationship with your manager is irrelevant to the legal requirement for FMLA.
➡️ FMLA Strategy:
Goal: Get time away to recover your health and give yourself a mental break to plan your next career move without having to quit abruptly.
The Leave: Take the time off (e.g., 4-6 weeks) to heal. While on leave, you will be safe from your manager's harassment and free to look for a new job.
The Return: When you return, they must place you in the same or an equivalent position with the same pay and benefits.
⚖️ Long-Term Strategy: Addressing the Hostile Environment
Since HR is compromised, you must look outside that immediate structure.
1. The Crucial Distinction: Government Protections
Since this is a government job, you likely have access to external, internal, and union mechanisms (if you are unionized) beyond what private employees do.
Union/Professional Association: If you have a union, contact them immediately. This is what they are there for. A union steward is separate from your manager and HR and can file grievances on your behalf.
EEO/EEOIC: Government entities have a formal Equal Employment Opportunity (EEO) office or equivalent. While your manager's behavior might not fit a protected class (race, religion, sex, etc.) for a hostile work environment claim under Title VII, sometimes the severity of the harassment alone can be grounds for investigation. Look up your agency's EEO policy and procedure.
Whistleblower/Inspector General: If your manager is lying, misusing public funds, or violating public record laws (which you mentioned she is in charge of), contact your agency's Office of the Inspector General (OIG) or an equivalent Whistleblower protection office. These offices are typically independent of the local HR/management structure.
2. Constructive Discharge / Retaliation
If the work environment is so intolerable that a reasonable person would be forced to quit, it can be argued as "constructive discharge." This is a difficult legal bar, but your extensive documentation (especially after acing two PIPs and being put on a third one, coupled with the attendance photo demand and harassment) will help build this case.
Document the retaliation: Each time you aced a PIP and were immediately given another, each time you were written up for a minor issue, or the HR staff member gossiped about your therapy inquiry, it contributes to a pattern of retaliation and creating a hostile environment.
🛣️ What to Do Now (The Action Plan)
Schedule the Doctor/Therapist Appointment NOW. Tell them you need help with severe, work-induced anxiety.
Contact your Union/Internal EEO/OIG Office. Use the FMLA leave to gather your thoughts and file a formal complaint with an office outside of your manager's HR buddy system.
Initiate FMLA Request: Go to the HR portal or ask for the FMLA paperwork. Do not rely on your manager to provide it. Once you formally request it, your employer has legal deadlines to provide the paperwork.
Polish Your Resume and Look for New Jobs: Use the FMLA time to seriously search for your next role. Having a new job lined up will take all the pressure off of a bad return.
Your goal is to get time away to recover and secure your next position while you are protected by FMLA. This gives you the leverage and mental clarity to get out of the nightmare without having to quit with nothing lined up.