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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 19117
Experience:  B.A.; M.B.A.; J.D.
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This is a question about sick time. A little history. I

Customer Question

This is a question about sick time. A little history. I orignally worked for Disney and then they outsourced the IT dept. to Affiliated Computer Services in 2005 and all senority, vacation and sick time was moved over. Then around 2011 we were either bought by or merged with Xerox and everything moved over as well. Then in 2015 Xerox sold off the ACS portion to ATOS (a French Company) and everything moved over then as well. Now ATOS wants to take away the sick time that came over from Xerox. My question is this legal since they moved it over originally and then now wants to take it away. Is there anything that can be done to stop this?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 11 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post.

I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 11 months ago.

Your Question:

Is there anything that can be done to stop this?

Response: Unfortunately no if you do not have employment agreement that guarantees you sick leave. This is because employers do not have any legal obligation to provide their employees with sick time. However, employers and employees can enter into agreement for fringe benefits including sick time and vacation pay. Once the agreement is signed, the employers cannot take back the accrued sick time. If the employers do, then employees can then file breach of contract case against the employers in Court to enforce the agreement.

In summary, if you do not have any employment agreement with the employer regarding the sick time, you do not have any recourse.

I am sorry that I do not have better news for you.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 11 months ago.

I didn't see a response to my reply to expert. So I am re-sending it. If the change from Xerox to ATOS and seniority, vacation and sick time and it has been over a year is that an agreement or contract? I do not see how they can take something that was given over a year ago.

Expert:  Phillips Esq. replied 11 months ago.

I didn't see a response to my reply to expert. So I am re-sending it.

Response 1: I did not receive your reply.

If the change from Xerox to ATOS and seniority, vacation and sick time and it has been over a year is that an agreement or contract? I do not see how they can take something that was given over a year ago.

Response 2: It may be considered an implied agreement/contract depending on the terms of the transfer. So, you would have to check with your Human Resources Department as to terms of the transfer.