What to do if my job was eliminated and I still have 564.50 hours of sick time remaining but my employer will not pay me for these hours?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my job was eliminated and I still have 564.50 hours of sick time remaining but my employer will not pay me for these hours?

I was given 1-1/2 hour notice that my job was eliminated as of that day. Next month, it would have been 20 long dedicated years that I have worked for this employer. I feel that I am entitled to be compensated for these sick hours since I worked hard to accumulate them. I was not give the chance to use them on an 1-1/2 hour notice. Is there something that I can do to get paid for these sick hours. I would greatly appreciate any help or advice you can give me.

Asked on June 11, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, the law does not require employers to pay out sick time on termination, and does not require employers to provide sufficient notice to use sick time before termination. (And note: for any employer I've worked with, you could only use sick time if actually sick, so you'd have to have had sufficient notice and have been sick for over 20 days to use this time.) Therefore, under the law, the employer does not have to pay you for or let you use this time.

If you had an employment contract or a union agreement entitling you to be paid on termination, however, such a contract or agreement would be enforceable, and you could sue for the money if not paid.

Even in the absence of a specific written agreement to this effect, if the company had an actual, demonstrable policy of paying employees for their sick time when they were terminated, you could possibly enforce the "implied" contract their demonstrable policy created. So if other employees have been paid for sick time in like circumstances, you may have a good claim for the time.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption