Sick time pay out?

Submitted by funsk8mom t3_10mjacm in massachusetts

I worked for 25 years for a company that had to adopt the state law of earned sick time if it wasn’t offered by the company.

After reporting to HR that I was being threatened and verbally abused by my supervisor, I was immediately terminated. At that point I had accumulated @32hrs of sick time. Is this something the company should have paid me for? Or once I was fired it was gone?

And for those looking at the whole termination thing… 25yrs and my HR file is empty. Not a single complaint or write up. Up until the time of going to HR 2x in one week, they had no clue who I was - and then I get fired. If I had the money to sue, I would

36

Comments

You must log in or register to comment.

poseidondude65 t1_j63bbdr wrote

Earned vacation time is required to be paid out not sick time

112

albertogonzalex t1_j63bth1 wrote

You are not legally entitled to sick time after ending employment. Earned vacation time must be paid out.

34

Living-Structure108 t1_j63h5ao wrote

I thought mass had an anti workplace bullying law. I would contact an employment law attorney and see if you have a case for wrongful termination. Ma is pretty employee friendly state for employment rights.

22

TheSkiGeek t1_j63vko5 wrote

This. /u/funsk8mom, if you complained about an unsafe or hostile work environment and were fired in retaliation (especially with no disciplinary history) you may have a case.

You should be able to at least get a free consultation from a lawyer, and some people will take cases like this on contingency. You don’t pay up front, they get paid a share of what you win/settle for, plus courts can award extra payment for legal fees.

18

Mnemon-TORreport t1_j646oa0 wrote

I'd certainly talk to a lawyer and see about a wrongful termination suit. Also don't sign anything unless you're happy with the terms and severance.

7

Unique-Public-8594 t1_j639xeo wrote

HR departments only exist to enforce management control and to protect the company’s liability.

LegalShield lawyer will cost you $30/mo.

12

funsk8mom OP t1_j63ali6 wrote

That’s not what I asked

−12

givingup3579 t1_j63eixh wrote

In all fairness you did say if you had money you'd sue .. they were just helping out...

16

Unique-Public-8594 t1_j63bthy wrote

I’m sorry. You are right. I don’t know the answer. I’m wondering if r/legal or LegalShield might be more helpful to you. Sorry I responded at all. This sounds horrible for you. I’m sorry it happened. Not right. At all.

13

Cheap_Coffee t1_j63w22i wrote

You weren't asking the right question. People here are trying to help you.

3

chevyadsict83 t1_j63kn99 wrote

You don't seem fun. I'm suing for false advertising

−1

Linux-Is-Best t1_j63sd2t wrote

Keep ALL documents, text, voice mail, email, etc... Contact a lawyer. Many will take your case without any downpayment, collecting a percentage only if you win.

As someone else said. We may be an at-will state, but we do have anti-retaliation and bullying laws. If this harmless question got you harrassed and fired, after 25 years, it could have a case. Even more so if you were not so far away from retirement.

12

Feisty-Cloud5880 t1_j63tk1t wrote

Oh... I hadn't thought about that... wonder if there is a payout somewhere and they're dodging it...?

3

jpit55 t1_j63auoo wrote

It depends on what’s in the employee handbook in most cases. In personal experience I’ve seen and had vacation time paid out, but not necessarily sick time. But again, look at company policies.

10

Kellyhas2dogs t1_j63dlzc wrote

Like others mentioned, it’s legally required to pay out vacation time in this state not sick time but check your company’s handbook if their policy includes sick time. You should also immediately file for unemployment

10

Bada__Ping t1_j63d1up wrote

I wish. I just quit a job where I accrued over 500 sick hours

7

ksoops t1_j64d5k0 wrote

I'm over 900. It's insane lol

1

J_o_J_o_B t1_j66pwod wrote

Start taking some sick days!

2

ksoops t1_j66sy5m wrote

I do... All the time for doctors appointments and stuff, etc. My workplace used to have unlimited sick and personal time but had to put a number on it after an MA legislation change (I think?). The initial number given to each person was calculated based on how long your tenure was. I had been there for a while... Hence... Big number!

2

givingup3579 t1_j63ekmt wrote

No you do not get sick time paid out. Only vacation time.

5

Cheap_Coffee t1_j63vn6e wrote

Depends on the employer. The state of MA DOES payout (some?) of the unused sick time, for example.

5

givingup3579 t1_j63whcg wrote

I left a job last year and was told that the sick time doesn't get paid out only my vacation time and that's what I got.

3

ItsHATTM t1_j64uaxy wrote

So many people brag about never using sick time and I’m over here taking mental health days.

2

Illustrious-Nose3100 t1_j64iq9d wrote

Yep, the state pays out something like 20% of unused sick time. But I believe you have to retire, not just quit or go work elsewhere. i think

Other Employers typically don’t offer this benefit.

3

mslashandrajohnson t1_j63hs6f wrote

They don’t pay unused sick time.

They tax unused vacation time at 40%.

Use as much sick time as you need and take your vacation time.

5

UltravioletClearance t1_j63m4sn wrote

Its not taxed at 40 percent. You're probably seeing an increased withholding rate. When employers pay out a lump sum like a bonus or vacation payout, payroll treats it like your normal pay and assumes you're making that every pay period, so the withholding amount increases. You've simply overpaid on your taxes and will get that money back in your tax refund.

13

ginger2020 t1_j64ht69 wrote

You might have a case for wrongful termination. I believe it’s a violation of retaliation laws, which I believe there are both federal and state. You made a good faith complaint against harassment in the workplace and got fired as a result. Document everything and look for a good attorney.

5

Banea-Vaedr t1_j63gpvv wrote

You can probably sue the shit out of them for that

4

Feisty-Cloud5880 t1_j63kwi7 wrote

Check department of labor. Likely no sick pay out. However you may find other recourse via another avenue? 25yrs and dissed like that... That is a hit. Fight back... never know... Research the company see if they have a reputation for being dirty...? Hope you are blessed to recover and get something better.

3

YoMomma-IsNice t1_j654123 wrote

Biggest mistake was thinking that HR is there to protect the worker.

3

ruubduubins t1_j650ygc wrote

You need a lawyer. That's retaliation and is illegal. I imagine if you called some lawyers you'd fine an employment lawyer who would take the case without you paying first

1

PurpleTurle711 t1_j659hu1 wrote

There are clinics that will assist you to file suit.

1

manicmonday122 t1_j65bsv5 wrote

That's called retaliation, it's against the law. Speak to a labor attorney

1

Chappy_Sinclair_ t1_j65p3n8 wrote

What did the supervisor say and what prompted it?

1

funsk8mom OP t1_j65tqid wrote

I was told I couldn’t be friends with certain people and if I was then my “job would be on the line”, these people didn’t even work for her. I must “obey every command” or I’d be “terminated”. I often found myself crying in her presence because her expectations were so complicated, last minute and impossible to do within her time frame but every comment from her was obey or be terminated.

0

Alert-Ad687 t1_j66upap wrote

You don’t need money to sue— if an attorney will take your case, they’ll just take a cut of the settlement.

It’s worth calling a few you deem reputable, and see if they’ll work the case for a cut of the settlement.

1

CannaTrichMan t1_j66v43x wrote

Suing is free if you actually have a case…

1

sneakylyric t1_j69rjqh wrote

Technically I don't think they have to pay out sick time if it's not in your agreement.

But I will say you can probably find a lawyer to take this retaliation case and they'll charge a percentage of the winnings. I feel like it should be an easy win if you have anything in writing.

1

funsk8mom OP t1_j69s9po wrote

No, she was smart enough to not put anything in writing. It was always over the phone or in person.

2

sneakylyric t1_j69siiw wrote

Damn, might still be able to make a case. Did you email HR?

1

funsk8mom OP t1_j69uscq wrote

No, each complaint to HR was over the phone. The job works out of different locations

1

[deleted] t1_j65uy3l wrote

[deleted]

−2

Linux-Is-Best t1_j665et7 wrote

> I just cringe every time I see this subreddit pop up with this ridiculous profile pic. Every single time. It’s so sad and laughable. Free upvote to OP for letting me vent. But it is SO freaking hard to take anything from this subreddit serious with their silly pro-war Ukrainian intervention flag pic.

Oh, let me relieve you of the burden with a ban.

I mean, since you feel soooo strongly about it, enough to hijack (TROLL) a thread not even talking about any of that. I would hate to discover your so-called trauma would become everyone else's trauma.

Bye-bye

3

Unlucky-Boot-6567 t1_j65qsgn wrote

love a kindergarten teacher who is “sick of all this pronoun BS” 🙄🙄🙄

maybe you shouldn’t be working there anyway.

−3

Linux-Is-Best t1_j666aum wrote

> love a kindergarten teacher who is “sick of all this pronoun BS” 🙄🙄🙄 > > maybe you shouldn’t be working there anyway.

Nowhere in this thread is anyone talking about any of that. And nowhere in the OP's post history are they talking about that. So, since you like to spread hate and hijack threads with your nonsense, let me help you with a BAN.

2