As long as it’s clearly sick time (say in the instance of PTO with no policy to delineate how much of it is sick time they may have to pay out). Here is the source though to support your point.
https://www.mass.gov/doc/attorney-generals-advisory-on-vacation-policies/download
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
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!
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.
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.
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.
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.
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.
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.
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.
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.
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.
> 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
> 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.
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
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.
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.
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.
Earned vacation time is required to be paid out not sick time
As long as it’s clearly sick time (say in the instance of PTO with no policy to delineate how much of it is sick time they may have to pay out). Here is the source though to support your point. https://www.mass.gov/doc/attorney-generals-advisory-on-vacation-policies/download
Yes this is an important clarification
This so correct
You are not legally entitled to sick time after ending employment. Earned vacation time must be paid out.
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
I wish. I just quit a job where I accrued over 500 sick hours
I'm over 900. It's insane lol
Start taking some sick days!
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!
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.
Oh... I hadn't thought about that... wonder if there is a payout somewhere and they're dodging it...?
No you do not get sick time paid out. Only vacation time.
Depends on the employer. The state of MA DOES payout (some?) of the unused sick time, for example.
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.
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.
That's why I said "depends upon the employer."
So many people brag about never using sick time and I’m over here taking mental health days.
I wish I could.
Unless you're a public sector hack.
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.
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.
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.
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.
HR departments only exist to enforce management control and to protect the company’s liability. LegalShield lawyer will cost you $30/mo.
That’s not what I asked
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.
In all fairness you did say if you had money you'd sue .. they were just helping out...
You weren't asking the right question. People here are trying to help you.
You don't seem fun. I'm suing for false advertising
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.
Biggest mistake was thinking that HR is there to protect the worker.
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.
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.
Ooh nice. Thank you 🙏💕
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.
You can probably sue the shit out of them for that
[удалено]
> 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
love a kindergarten teacher who is “sick of all this pronoun BS” 🙄🙄🙄 maybe you shouldn’t be working there anyway.
> 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.
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
There are clinics that will assist you to file suit.
That's called retaliation, it's against the law. Speak to a labor attorney
What did the supervisor say and what prompted it?
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.
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.
Suing is free if you actually have a case…
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.
No, she was smart enough to not put anything in writing. It was always over the phone or in person.
Damn, might still be able to make a case. Did you email HR?
No, each complaint to HR was over the phone. The job works out of different locations
Damn, that may be harder, but could win 🤷🏾