QUESTION

if business purchases another business can they wipe out employees accrued vacation, sick time, and length of employee service records with the co

Asked on Jul 11th, 2014 on Labor and Employment - Ohio
More details to this question:
my wife worked for a hospital. they sold their financial service department to an outside company. She works in same building doing same thing. The new company stripped all employees of vacation time, sick time, and restarted their time of employment. Our 15 year old son had surgery that required my wife to miss work in order to change the dressing. She filed for FMLA and was denied because she did not meet the minimum hours of employment. She has been with the company that was purchased for 14 years prior to the acquisition. Is there a legitimate complaint against her employer?
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1 ANSWER

Caregiver Discrimination Attorney serving Columbus, OH
Partner at Coffman Legal, LLC
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Feel free to contact my office.    Ohio Employment Attorney mcoffmanlegal.com   § 825.107 Successor in interest coverage. (a) For purposes of FMLA, in determining whether an employer is covered because it is a “successor in interest” to a covered employer, the factors used under Title VII of the Civil Rights Act and the Vietnam Era Veterans' Adjustment Act will be considered. However, unlike Title VII, whether the successor has notice of the employee's claim is not a consideration. Notice may be relevant, however, in determining successor liability for violations of the predecessor. The factors to be considered include: (1) Substantial continuity of the same business operations; (2) Use of the same plant; (3) Continuity of the work force; (4) Similarity of jobs and working conditions; (5) Similarity of supervisory personnel; (6) Similarity in machinery, equipment, and production methods; (7) Similarity of products or services; and (8) The ability of the predecessor to provide relief. (b) A determination of whether or not a successor in interest exists is not determined by the application of any single criterion, but rather the entire circumstances are to be viewed in their totality.
Answered on Jul 22nd, 2014 at 2:29 PM

Matthew J.P. Coffman The answer provided is not legal advice and it is recommended that you seek advice of an attorney. My office # is 614-949-1181.

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