Thank you for using JustAnswer. I am researching your issue and will respond shortly.
I'm sorry to hear about your situation. Are there any employment policies in place governing the granting of comp time?
(and anything that determines who does and who does not get the comp time?)
Did you see my follow up question to your issue?
Are you there? Please note that I am still here, awaiting your response.
Should I continue to await your response, or may I assist the other customers that are waiting?
My apologies, but I must assist the other customers that are waiting. Once you respond to my follow up question, I will respond as soon as I can. Please note that I may be assisting other customers or otherwise out of the office (depending when you respond). Thank you.
And to be clear, you were in your current role when you were paid for these days?
In the situation where you have received a benefit unconditionally (and not merely gratuitously, that is, in a discretionary manner) and there has not been a change in your job role, then you could claim "course of conduct" as your basis for receiving that benefit. Your employer would need to give you notice before changing the terms of your employment to where you would no longer be getting comp days. As for how to claim these, however, that's a bit more difficult. While you could make a claim with the NY Department of Labor, most of the time when the claims are of a non-wage type, they won't get involved. You could take it to small claims court (if the amount claimed is less than $5,000) or regular court (where you would have a higher burden of pleading and proof).
Another issue is that if you were to take this to court, that does not guarantee that you would retain your position. There is no antiretaliation statute in place for such a situation (making a claim for unpaid benefits rather than wages).
As such, your employer could terminate you merely out of retaliation, and it would be completely legal (unless in conflict with some other provision of the written employment contract).
So ultimately whether or not you would bring such a claim would be based upon an analysis of the risks involved, how likely your employer would be to retaliate, and whether or not you would be okay being terminated for making such a claim.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate this answer either a 3, 4, or 5 (good or better). Please note that I do not get any credit for this answer unless and until you rate it that way. Thank you, and again, good luck to you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).