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I was recently off after 8 years of employment at The

I was recently laid...

I was recently laid off after 8 years of employment at The Threshold LLC in West Bend, WI. During this time I accumulated 8 weeks of sick time. I believe I should be compensated for the 43 days since I did earn them. Can they deny me. Two weeks before I was laid off management asked me when I planned to retire. I answered in a year when I turned 70. I was 68 when asked and my birthday is ***** They are advertising for help every week.

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

I have not. This is the first I have inquired about getting my sick pay. I did actively search for employment and am working

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I do not. There was no union at Threshold

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

Not that I can think of. Thank you.

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Answered in 1 minute by:
3/22/2018
Attorney Wendy
Category: Employment Law
Satisfied Customers: 551
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. I am working on a response to your question and should have that to you shortly.

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Unfortunately in Wisconsin, there is no law that I am aware of that requires your employer to pay you for accrued sick (or vacation) time unless the employer had a written policy that specified that you would be paid for that time if the employment relationship ended. What I would be more concerned about is the termination timing. Did your employer have a retirement plan? Even if not, were you given any reason for your termination? Given that you were laid off so close in time to being asked about retirement, you may wish to speak with a local attorney about a possible age discrimination case, especially if they end up hiring someone to fill your position who is younger.

I am sorry I don't have better news for you on the sick leave. But if you have any additional questions, just reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 1 month ago
there is a retirement account that I now have. The reason for termination was low client census and a reorganization of the Special Services and Options program.

If they are advertising for help but essentially told you they didn't need you then it may be worth investigating an age discrimination claim, and in that regard, you will want to make sure that by having you leave a year earlier than you planned did not alter or reduce your retirement in any significant way.

Attorney Wendy
Category: Employment Law
Satisfied Customers: 551
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 24 days ago
I understood I would be charged $5.00 for my inquiry. However, I received my charge card bill for $5.00 plus $41.00 for a total of $46.00. Thank you for your service.

I am so sorry if there was any confusion. I do not control the pricing, but I will check with the moderators to see if I can see what happened.

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Attorney Wendy
Attorney Wendy, Lawyer
Category: Employment Law
Satisfied Customers: 551
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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.

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