Can city government be made to pay more than 35% of accrued sick time once an employee has been laid off?
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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 12 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.
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