If I was terminated after 18 years of service at a state agency, can they withhold benefit time earned during employment?

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If I was terminated after 18 years of service at a state agency, can they withhold benefit time earned during employment?

Asked on August 30, 2012 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there was a contract, including a union contract, which governed your employment, you need to reference that contract to determine what you are entitled to.

If there is no actual contract, then the answer to your question is governed by employer policy, since the law does not require employers to pay out benefits after termination of employment--it's up to the policy(ies) they themselves set. Whatever was the policy in place at the time of your termination will control.


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