Employment Law Questions? Ask an Employment Lawyer.
Jack, Thanks for replying so promptly. My employer has had a past history of paying 50 % of accrued sick time as per policy (though I have no written policy in hand) to all my co-workers who have retired before me if they had met the criteria of having worked for 35 and/or reached the age of 65. But I will be only 64 with between 33 & 34 years of service my job is contracted to another entity. The soon-to-be change of management has come with very little warning. I feel that the accrued sick-time (60 days pay = approx. $13,000) has been used as a dangling carrot to keep my services and loyalty (esp. through this transition) and should be paid.
Our present administration is not nearly as employee friendly as in the past. They have given very little info about our near future. Most of us will probably be hired by the new employer and continue to do the same job (so the transition will go smooth). I am just trying to prepare for the worse.
Based on the above, do you think I have a case? If so, do you know of any attorneys in the mobile,al area that specialize in such a case? I realize that 13,000 is not a large amount in a court room, but I would look into punitive damages as well. Thanks in advance, Wayne Flatt.
Under a strict reading of the rule they would not have to pay. You could threaten (politely) them by stating you will file an age discrimination suit, or you could in fact file an age discrimination suit. Your comments seem to indicate they did not want to keep you beyond age 65. If you win you could get back wages for the amount of time out of work, and when you retire your sick pay per the company policy.
Please accept my answer with a rating of 3 or better so I may get credit for my response. If you have follow up questions please ask. Please note that paying the deposit does not cause funds to be disbursed until you rate my response (3 or greater). There is no additional cost beyond the deposit for rating this answer.