Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

When I left NCSU...

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.

Lawyer's Assistant: Have you documented this or discussed it with HR?

HR sent me to NC State Govt. They told me I was no lokgwer eligble

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

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.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 17 hours by:
12/7/2017
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,785
Experience: 20+ Years of Employment Law Experience
Verified

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: 125,785
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 125,785
125,785 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I was an employee. I called out sick one day. My boss called
I was an employee. I called out sick one day. My boss called me to see what was wrong because I do not call in sick. I told her why. Then she went and told everyone. To head staff and employees. … read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I have a question pertaining to the sick leave bank and the
I have a question pertaining to the sick leave bank and the payout upon leaving a company. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
My son has been in the grocery chain for 26 years, he was
My son has been in the grocery chain for 26 years, he was 1st with Farmer Jacks and after they folded he jas been with Krogers since 2007, in the last few months he has been harassed by the store mana… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,785 satisfied customers
I have been a cop years. Good evals years except year, and
I have been a cop for 16 years. Good evals for 16 years except for one year, and that's when I was going thru my divorce. During my divorce I had a hard time, manned up and told my dept I needed time … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,785 satisfied customers
Filed a grievance with my human resources department in addition to calling company compl
Filed a grievance with my human resources department in addition to calling company compliance hotline to report retaliation actions from my boss. Grievance process includes investigation and intervie… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Hello! On March 5th the school district Ive worked for for
Hello! On March 5th the school district I've worked for for the past 10 yrs (6 yrs full time and the past 4 yrs subbing) decided "it is in their best interest to disallow me to work for them any longe… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Work at an institution in NC that still offers a pension for
Work at an institution in NC that still offers a pension for those who started prior to 2010. 30 years of service = retirement and monthly pmt after 30 days based on avg highest paid consecutive 5 yea… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am currently suspended indefinitely pending investigation.
I am currently suspended indefinitely pending investigation. I have been with this company for over 30+ yrs. Last week my manager told me that I was overriding my clock-in and clock-out times within t… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
Hello, I became disabled 2 years ago. I worked at the hospital
Hello, I became disabled 2 years ago. I worked at the hospital for 20 consecutive years. Our retirement plan is through New York Life. I called to get my benefit started. They told me that my monthly … read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I feel as though I have been treated unfairly at work, but
I feel as though I have been treated unfairly at work, but I am not sure if it's legally 'discrimination'. There seems to be a core group of employees that are afforded flexibilites and liberties that… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
My uncle was a full time hourly employee at the time of his
My uncle was a full time hourly employee at the time of his death. His death was not related to his employment in any way. At the time of his death, he had accrued approximately 15 vacation days and 1… read more
Attorney Arcadier
Attorney Arcadier
Managing Attorney Partner
Doctoral Degree
197 satisfied customers
I have worked from home under the ADA for bipolar disorder
I have worked from home under the ADA for bipolar disorder since 2009, but have worked with Blue Cross Blue Shield for 6 yrs. They are also my insurance co. They mandated generic drugs in 2010. I had … read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I have been employed by a company for 33 years. This past year,
I have been employed by a company for 33 years. This past year, with a new boss, my pay status changed from exempt with overtime to exempt w/o overtime. Nothing in my job duties changed, the only chan… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
my seven year old has type one diabetis, I have given the paperwork
my seven year old has type one diabetis, I have given the paperwork FMEL to my employer,hr dept.over 5 yrs with this condition.company started attendence policy, one point for every sick day ect. I ha… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
A contracting company that I have worked almost five years
A contracting company that I have worked almost five years for has lost their current contract and a new company has taken over without a break in contract. (on April 1 we became the new company) The … read more
Tina
Tina
Doctoral Degree
83 satisfied customers
if you work a 40hrs.week in 4four days and accrue 3.7 hrs
if you work a 40hrs.week in 4four days and accrue 3.7 hrs sick time every 2week the same as a person working 5 days a week,when the person working 4 days take a sick day they take 10hrs from and the p… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I worked for a company for 5 yrs, when I resigned in October
I worked for a company for 5 yrs, when I resigned in October 2007, I was a 100% vested in a retirement program they have called ESOP, and I inquired about my 401k and my ESOP, but they told me that I … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
My boss had me join (sign up) to a carpenters union, ...
My boss had me join (sign up) to a carpenters union, the problem is its not the right union (the carpenters ) for the work i do, (glaziers ) The laws state only glaziers work with storefront an glass.… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x