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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4523
Experience:  Exclusively practice labor and employment law.
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I am a teacher at a college that is closing in 4 weeks. I

Customer Question

I am a teacher at a college that is closing in 4 weeks. I have 300 hours of unused sick time and their policy is not to pay. If I take the rest of the term off how will that affect my unemployment pay?
Submitted: 10 months ago.
Category: Employment Law
Expert:  John replied 10 months ago.

As long as you continue to be an employee being on vacation or leave at the time of your termination will have no effect on your unemployment benefits claim. You'll still be out of work for no fault of your own.

Expert:  John replied 10 months ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 10 months ago.
I don't believe you answered my question. My question is can I tell them I am taking my sick time off and just walk away? What if they terminate my employment?
Expert:  John replied 10 months ago.

You generally need to have extended time off pre-approved. If you do not get pre-approved and you just take off, you may be deemed to have abandoned your job. Abandoning your job would disqualify you from unemployment compensation. Does that answer your question?

Customer: replied 10 months ago.
What if they refuse to preapprove under the pretext that I did not give them enough time to find a substitute? They lied to us by pretending that that the school will close in October and then they suddenly announced that they will close it first week of March.
Expert:  John replied 10 months ago.

The recourse then would be to sue them for the vacation time under a breach of contract and fraudulent inducement theory. It would probably be more economical for the teaches to combine their claims together for a lawsuit.

Customer: replied 10 months ago.
The problem is in Colorado sick time is not protected like vacation time. If it was vacation time there is a law that would compel them to pay.
Expert:  John replied 10 months ago.

There's a distinction in your case that the employer, you are alleging, misled you to believe the end date was much later than that...the inference being that they defrauded you all from being able to use it.

Customer: replied 10 months ago.
I agree - can they be sued after the school closes? Is there a statue of limitation?
Expert:  John replied 10 months ago.

Three years for a fraud claim. Once the entity does what is called a "wind down" there isn't much of a chance of chance of recovery. It is essentially like a bankruptcy action where there are limited assets for the creditors to collect from. Even then, you'll have to at least have you lawsuit filed at the time of wind down.

Expert:  John replied 10 months ago.

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