can accrued sick time be taken from me as a result to a merge

UPDATED: Sep 30, 2022

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can accrued sick time be taken from me as a result to a merge

I had 50 of my sick time taken and rolled into ETO opposed to sick time and we
now accrue less than half of the amount that we use to. That part seems OK but
not losing about 6 weeks that we had prior to the merge.

Asked on June 14, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is no way to answer your question without information about the nature of the merger and how it was accomplished. There are many ways companies can be set up and many ways they can combine or be acquired, and they affect your rights and the company's obligations. Just as an example:
1) Your company was an LLC or corporation and the other company merged into it, so it is the surviving or remaining legal entity: then you should still have your previously accrued time, since you are still with the same legal entity.
2) Your company was an LLC or corporation, but in the merger that LLC/corporation was shut down and dissolved and the other business survived, taking over the assets (and employees) of your former employer--in that case, the company which had owed you the days no longer exists to honor or pay them, and so you could lose those days and now be under the new employer's policy.
Other possibilities exist.
You need to understand what happened, how, to understand to what you might be entitled.

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 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.

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