Prior Service, Vaca Rate - Do courts intend to make plaintiff(s) whole?

Lisa777

New Member
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.
 
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?


No one can handicap your ability to prevail in any lawsuit.

I suggest you discuss your concerns with three or four attorneys in (or near you) about the efficacy of a lawsuit.

Normally attorneys will meet with a prospective client one time without charge or obligation.

Those discussions are a great way to gather information before making a decision.
 
It seems to me you are talking about two separate issues. You say that you were already compensated retroactively regarding the pension, and that likely is as far as the court ruling goes.

Whether your current employer counts the prior service toward current vacation accrual is entirely different, and probably outside the scope of anything the court had considered (the ruling likely isn't applicable).
 
Agree that a decision on the pension plan is totally different than one on service credit for vacation accrual. Pension is covered by ERISA. Vacation is state law, collective bargaining agreement and employer policy
 
Ditto. Any decision the court rendered would only be binding on the parties in that case. Your current employer is free to award vacation as they choose. If that means only considering FT employment when counting years of service, it is legal.
 
Thank you.
I don't want to give up too soon as a result of having been shot down by one person in HR. However, the responses I have read here make me feel better about not pursuing legal action against my employer.
Of course, I should follow Army Judge's advice and meet with 3 or 4 attorneys if possible, without charge or obligation, to gather information before making a decision.
Thanks again to everyone who responded.
If anyone else has anecdotal scenarios, I am happy to read those also.
Other individuals have prevailed in lawsuits against my employer or accepted settlements. I know that my employer is somewhat vulnerable.
However, I am not sure if my investment in legal action would be compensated by the (rather small) outcome. I realize this is true for every prospective litigant. The legal system is not about "right" and "wrong." It is about who has the incentive and resources to fight the status quo, in my humble opinion.
 
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