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messfree OP t1_iy8u40c wrote

Reply to comment by mikegus15 in Previous employer sent me to collections for overdrawn PTO by messfree

Thanks for the reply - the ex-employee portal shows the overpayment/debt in detail - so the proof is there, I'm not disputing this part of it. But yeah, as others have pointed out, it's a really crappy thing for them to come back 6 months down the line and ask for money back (especially considering how trivial the amount is to CA - they're probably a fortune 50 company).

I've contacted my new HR department and their response was pretty much "This is between you and CA now, we have nothing to do with it."

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FireBeyond t1_iy91asv wrote

>I've contacted my new HR department and their response was pretty much "This is between you and CA now, we have nothing to do with it."

I would actually dispute that.

Company/division spin offs/sales are typically of two types: 1) IP only, and 2) whole entities.

Given that the employees went with the company to the new owner, they were "made whole" for their assets and liabilities. Your PTO should have been zeroed out or, worst case, the negative balance transferred to the new company.

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messfree OP t1_iy93erv wrote

They way it was worded is that at the termination of business with CA - anyone who had a positive PTO balance was paid that amount, and anyone with a negative PTO balance (me) was charged.

I had the same thought as you mentioned, where the PTO balance would have carried over to the new company, but that doesn't seem to be the case. Both HR departments are being very specific that the PTO balances from each company are completely separate and since I used more than I had when working for CA, I am responsible.

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FireBeyond t1_iy97fws wrote

Yeah, that sounds very much like your old company screwed all its old employees, and "sold you out" as part of the sales negotiations.

That being said, still a challenge. Did you sign a new employment contract with the new company? Because if not, they can't unilaterally impose an obligation on you because they decided not to transfer things.

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messfree OP t1_iya1a5f wrote

Yes, they had us accept and sign the job offer for the same position at the new company - so I'm guessing it's baked into that

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