How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask John Your Own Question
John
John, Attorney
Category: Legal
Satisfied Customers: 5018
Experience:  Licensed and practicing attorney.
71296933
Type Your Legal Question Here...
John is online now
A new question is answered every 9 seconds

I have accrued "sick bank" hours in accordance with company

Customer Question

I have accrued "sick bank" hours in accordance with company Human Resources policy over 12+ years. The company changed the policy starting 1/1/17 that all "banked hours" will be forfeited after the next 24 months. Do I have any recourse? Does seem right that benefits accrued in accordance with company policy, can be subsequently changed.
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: NY
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Legal
Expert:  John replied 1 month ago.

It's a labor violation in New York to attach a condition to an already accrued benefit. You will need to make a wage supplement claim with the NY DOL - see https://labor.ny.gov/workerprotection/laborstandards/workprot/lshmpg.shtm

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 (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 1 month ago.
Is there an issue with this filing if the filing is a current employer?
Expert:  John replied 1 month ago.

No, you are legally protected from employer retaliation for filing such a claim.