I have 400 hours in sick leave but my job is telling me if I get sick that I have to take leave without pay. No they
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Customer: I have 400 hours in sick leave but my job is telling me if I get sick that I have to take leave without pay
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No they sent a memo to all of our emails telling us is that we could not take any time off either account or annual or personal days
JA: Are you an "at will" employee? Do you belong to a union?
Customer: No I don't belong to a union but I live in Georgia and I believe it's an at-will state
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes I recently discovered that the title I have I was not being paid with everyone else was being paid with the same title I can I get my back pay
Answered by Michael MIhalov in 2 mins 1 year ago
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Michael MIhalov
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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.

Customer
no I don't think they can revoke my sick days I burnt them and I don't recall ever hearing anything like that
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Michael MIhalov, Expert

I may have misunderstood your original question then. Do you have any sick time left?

Customer
I have 400 hours of sick time I never get sick
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Michael MIhalov, Expert

Ok, you said you "burnt" them. What did you mean by that?

Customer
I'm sorry was a typo I meant I earned them
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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.

Customer
okay that's fine what about the other question I asked you about back pay
Customer
I was told that I can go to the Department of Labor on how to fill out a form for back pay
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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).

Customer
When I started this job there is a base pay for each title I was led to believe that the pay that I was giving was the base pay for that title after working two years for that pay I was informed by other people with my title that I was being underpaid when I went into the HR it did not explain the oversight they just changed my pay rate immediately
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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.

Customer
As far as discrimination I don't want think like that. I believe in giving everybody a benefit of the doubt . thank you can you give me a number so I can call you guy's
Customer
Other website I think I don't know which website I went to thanks again.
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Michael MIhalov, Expert

We really don't have a number, we can do a call through a third party (Just Answer), but I'm just a lawyer here to answer questions. If there's nothing else I can help with, our last step is to rate my response out of five stars at the top right of the page. It's no additional cost to you, and it's how we get credit for our answers. Thanks!

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