Unpaid Final Salary + Pto From Former Employer
Location: Florida
Hi all,
I’m trying to decide whether this is worth pursuing or whether I should move on.
I was terminated from my role on Wednesday, 7/15/2026. My separation letter stated that I would receive my “final paycheck, covering all earned wages through the Separation Date,” as well as “any accrued, unused paid time off payable under [Employer] policy.”
- Final wages: I was salaried and paid semi-monthly, on the 15th and the last day of each month. The July 15 paystub covered the pay period through 7/10. My July 31 paystub showed only the severance payment, with no separate salary payment for 7/13–7/15. So according to the documents, I was never paid for those three days. When I brought this up the former employer also said my final salary "should have been added", but I still have not received.
- PTO: In May 2026, I signed the company handbook acknowledgment and emailed it back. The handbook states: “Upon separation from employment, employees will be paid out for accrued, unused PTO up to a maximum of five (5) days, except where state law requires a greater payout.” My July 15 paystub showed 100 hours of accrued PTO, well above five days at 8hrs/day. I was not paid any PTO in the final (July 31) stub. When I contacted my former employer regarding this, they gave several different explanations: first saying that Florida does not require PTO payout, then saying I had an “old handbook”. Finally, they said that the handbook had been updated after the version I signed. They never provided a newer version or any notice of the alleged change after I requested it multiple times. The handbook also states that it is not a contract. Another section says the company may modify or discontinue benefits with reasonable notice, and that employees would be notified of material changes. I was not notified of any changes, a former colleague also said he never received an updated handbook.
I sent a written demand for both the final wages and the PTO by email and certified mail, and the deadline has passed without payment. I’ve contacted a few firms, but I don’t think they’ll take it on given the small amount, so I’m considering representing myself in small claims (just under $3k, plus court costs).
Questions:
- Is my wage claim for 7/13–7/15 straightforward, given the pay period dates on the paystubs and the fact that the July 31 payment was only severance?
- In Florida, is the handbook’s PTO payout provision enforceable despite the not a contract disclaimer, given the separation letter’s reference to PTO payable under the company policy? I understand Florida law does not generally require employers to pay out unused PTO.
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