- Jurisdiction
- Ohio
I had been employed by a County organization which, more than 20 years ago, had been considered a "county non-profit." Employees were not eligible for membership in the government pension system but, instead, paid into Social Security. In 2016, the Ohio Supreme Court issued a decision which awarded membership to current and former employees retroactively. The government pension system implemented that decision and credited my account for those years of service.
My issue is that my current government employer refuses to award prior service (which determines the vacation accrual rate of employees, per the employee handbook, no union) retroactively or going forward. I continue to accrue vacation hours at the same rate as if the Ohio Supreme Court decision had never occurred. My HR Director does not dispute the facts of the Ohio Supreme Court case.
My employment with the County organization, more than 20 years ago, was part-time. When I began employment with my current government employer, it awarded prior service for part-time government work. However, around 2007, my current employer changed the employee handbook to stipulate that it will award prior service only for full-time work. The HR Director of my current employer refuses to award prior service to me because my prior experience was part-time. Even though I applied for the prior service when I began employment and the HR Director awarded prior service to me for other prior part-time government work at that time, she refuses to award benefits retroactively.
Do I have any recourse?
I have spoken with a couple other employees who say we have no appeals process within our current organization.
How powerful is HR? Should I go over her head?
If I hire an attorney, what are the odds that the full amount of vacation hours would be credited to me by my current employer?
Do decisions issued by the court intend to make the plaintiff(s) whole?
If my former County employer had always been considered a government employer whose employees are eligible for membership in the government retirement system, I would have been awarded prior service for this employment when I began employment with my current government employer.
My issue is that my current government employer refuses to award prior service (which determines the vacation accrual rate of employees, per the employee handbook, no union) retroactively or going forward. I continue to accrue vacation hours at the same rate as if the Ohio Supreme Court decision had never occurred. My HR Director does not dispute the facts of the Ohio Supreme Court case.
My employment with the County organization, more than 20 years ago, was part-time. When I began employment with my current government employer, it awarded prior service for part-time government work. However, around 2007, my current employer changed the employee handbook to stipulate that it will award prior service only for full-time work. The HR Director of my current employer refuses to award prior service to me because my prior experience was part-time. Even though I applied for the prior service when I began employment and the HR Director awarded prior service to me for other prior part-time government work at that time, she refuses to award benefits retroactively.
Do I have any recourse?
I have spoken with a couple other employees who say we have no appeals process within our current organization.
How powerful is HR? Should I go over her head?
If I hire an attorney, what are the odds that the full amount of vacation hours would be credited to me by my current employer?
Do decisions issued by the court intend to make the plaintiff(s) whole?
If my former County employer had always been considered a government employer whose employees are eligible for membership in the government retirement system, I would have been awarded prior service for this employment when I began employment with my current government employer.