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Jack R.
Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6147
Experience:  Review contracts for major corporations
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Hi, I have worked for my present employer since 1980. According

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Hi, I have worked for my present employer since 1980. According to my employer, I will reach my official retirement age on Feb. 1, 2015. During my employment years I have accumulate 120 days of sicktime (the maximum one can attain). Upon retirement, an employee is to receive cash for 50% of unused sickdays if the employee has worked for 35 years/or has attained the age of 65. I shall be 65 on Jan.16,2015.
My employer is in the process of contracting my workarea (hospital laboratory) to another entity; thus, I will either be terminated or have a new employer. My question is this: Will I be entitled to any of my sicktime?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Jack R. replied 1 year ago.
Thank you for choosing Just Answer. My name is XXXXX XXXXX I will assist you today.

As a matter of law in Alabama there is no legal requirement for an employer to pay for accrued sick time. An employer may choose to do either by contract with the employee, or by provisions for such payment in an employee handbook.

In order to assess whether or not you employer will pay for accrued sick days you must review your employee handbook if you have one. If you have a contract, the contract may specify what you are paid at termination in regards XXXXX XXXXX sick time.

An exception may be found for an employer not paying for accrued sick days. If the employer has paid for sick days in the past, then they may be obligated to continue that policy in the future. An employer must have a consistent policy surrounding sick days. If your employer has been paying others and will not pay you then you may have a legal basis to ask for your payment.


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).
Customer: replied 1 year ago.


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.

Expert:  Jack R. replied 1 year ago.

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.

 

 

Jack R., Lawyer
Category: Employment Law
Satisfied Customers: 6147
Experience: Review contracts for major corporations
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Jack R.
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Review contracts for major corporations