Can city government be made to pay more than 35% of accrued sick time once an employee has been laid off?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can city government be made to pay more than 35% of accrued sick time once an employee has been laid off?
Accrued over 1000 of sick time while employee as a 911 Operator/Police Dispatched for a large city in OK for over 16 years. A new combined 911 center open and the city did away with my job or laid me off (as they call it). I was paid for 1/3 of my sick time but they say the rest isn’t mine since I was laid off. It was only mine if I was “sick” or if I finally retired. But I wasn’t give a chance to retire. Do I have a case?
Asked on August 14, 2011 Oklahoma
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Normally people are not given an opportunity to retire but in order for you to know whether or not you are entitled to the remaining hours, you should consider looking at your union contract or collective bargaining agreement and then talk to a union representative about the matter. If you had knowledge that layoffs would occur, the city would argue you had ample opportunity to know what your rights and options were and what you could have done to avoid this matter. If there is no union, talk to your state's labor department and then possibly a labor law attorney about forcing the city to provide you with the hours you should have received if you had the option of retiring.
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.