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When I left NCSU HR told me I had to wait 5 yrs. before they

would pay my accrued sick...
When I left NCSU HR told me I had to wait 5 yrs. before they would pay my accrued sick leave. Five years and 6 weeks later they never sent the check. When I called to inquire they said after 5 yrs I lost the money.
JA: Have you documented this or discussed it with HR?
Customer: HR sent me to NC State Govt. They told me I was no lokgwer eligble
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I was a full time employee with 5 years vested. I was terminated but thru a grievance petition they agreed to say that I left.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nothing was given to me in writing. When I questioned my boss, and HR Rep they told me verbally that I had to wait 5 years
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Answered in 17 hours by:
12/7/2017
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 120,212
Experience: 20+ Years of Employment Law Experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

I am afraid what they verbally told you and what is the law would be two different things. Waiting 5 years is well beyond the statute of limitations of 2 years to file a wage claim of this nature. Unless your union contract said you would be eligible for your sick time payments, under law unused sick time is not payable upon termination. If your union contract did say you were entitled to those days to be paid out, then you had only THREE years under the NC statute of limitations to sue for breach of contract.

If you missed the statute of limitations to sue for breach of contract or wage claim, your suit would generally be barred. However, you are claiming they told you verbally to wait 5 years to collect and if you can prove they told you that in court AND your contract did say you were entitled to payment (not what they verbally said), then you could sue and argue the statute of limitations should be tolled because of their representations of you having to wait 5 years to claim the money.

You need to start by reading the contract to see your entitlement, then getting proof that they told you to wait 5 years, then you need a local NC employment law attorney to file suit against them for breach of the contract.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 120,212
Experience: 20+ Years of Employment Law Experience
Verified
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Law Educator, Esq.
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Category: Employment Law
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