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Michael MIhalov, Expert
Hello, my name is ***** ***** I'm a Legal Expert. I think I can help with this question.
As an "at will" employee, what is going to be most important is your individual employment contract. Does the employment contract have any language regarding the use or revocation of your accrued sick days? Many employers in "at will" states put language in their contracts that they can revoke sick days in extraordinary circumstances, and I hope that isn't the case here.
Michael MIhalov, Expert
I may have misunderstood your original question then. Do you have any sick time left?
Michael MIhalov, Expert
Ok, you said you "burnt" them. What did you mean by that?
Michael MIhalov, Expert
Oh ok, great that's better. Are you positive that they can't alter your sick days as per your contract? Because if that's the case, and they are trying to make you change your contract, you will have to take it up with your HR department or, if you don't have one, the higher ups in the company.
Michael MIhalov, Expert
Unfortunately this is another "based on your contract" issue. If you are being paid less than your contract yes, filing with the department of labor is an option. But if, for example, you are a Vice President and your contract says you get paid 100k per year, and another vice president is getting paid 110k per year, that's the amount that was contracted. In "at will" states, no company has the obligation to pay equal employees equally, unless of course you think it's discriminatory (based on age, sex, disability or sexual orientation).
Michael MIhalov, Expert
Again, that's good news. Filing with the Department of Labor is a good idea. You might want to make HR aware of this as well, so that maybe you can avoid the trouble.
Michael MIhalov, Expert
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