PTO payout

[Medsport, LPN]

I recently accepted a new job that is half the distance and pays about $2 more an hour than my present job. I like my present job, but the drive is getting old and the pay is more or less stagnant. So I called in the other day to put my 2 week notice in (and told them I would consider staying PRN) and figured the worst they could do is pay out 1/2 my PTO in which I have over 50 hours. Well, they said since I didn't request it before I put in my notice, they were not going to pay. I don't think that's right. Another employee stated that when they went PRN a couple years back, they kept their PTO time. I don't care about keeping it, just cashing it in and I can't find anything in the policy pamphlet I have that specifically states what the rules are.

What do you guys think? Should I put in to request to get paid for some or all of it since its still technically on my online check portal? Or should I call and state what I found on the website blr.com, which says "Even where state law does not specifically require employers to pay out accrued vacation upon termination, a consistent practice, written policy, or contract promising such payment may create an enforceable legal obligation to do so." and threaten to hire a lawyer if they still refuse to pay. I know this approach may burn bridges and I'm still not sure how the new job is going to work out, but it probably wouldn't be that hard to find another PRN job if needed since I have over 10 years experience now.

[Alex Egan, LPN, EMT-B]

I'm positive your employee handbook/policy should have a section on PTO dispensation upon separation. If they are not following the policy they set forward, well then that's a problem. Otherwise you really have no recourse other than to ask nicely.