Company was sold on Jan. 30th my anniversary date was on feb 6th. I didn’t not get any vacation time that I earned within almost that year. Can the company do that? Shouldn’t the company have paid me at least what I earned from last feb. to Jan. 30th

The two companies are nursing homes. We are union and employees did not lose seniority. But unless your anniversary date fell before the new company took ownership on Jan. 30th you did not get vacation time that was coming to you. I missed this by 6 days. Shouldn’t o have gotten some prorated time?

1 answer  |  asked Feb 17, 2018 06:57 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
What does your union contract say? Most of them have very specific provisions about what happens when a company is liquidated, sold, or acquired by another company.

Was everyone treated the same way? If new PTO or earned leave policies are adopted do they apply to everyone from the same date? Are some classes of employees who are protected treated more favorably than others?

It sounds like you still have a job. Were this a non-union employer and they gave you the proper notices then you might not have either your position or the earned leave.

You have at least three choices. Set up an appointment with your union (preferably a lawyer) to discuss what options you have to possibly challenge what happened. Contact the National Labor Relations Board (assuming this is a private employer and private union) if you believe that the NLRA was not applied properly or followed. Or pay for a consultation with private counsel to review all of your documents - collective bargaining agreements, pay stubs, employee policies, etc... Good luck.

posted by V Jonas Urba  |  Feb 17, 2018 08:09 AM [EST]

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