Legal Question in Employment Law in Virginia

VA Company Buy Out/ Under Doctors Care
My company is being bought by another Co .I'm currently under doctors care (not workers comp) and unable to work because of a developing back problem. My current company has a liberal sick leave policy which continues to pay regular salary as long as you are under a doctors care. The new Co. has no sick leave. Accrued vacation must be used when an employee gets sick. I of course will not have any accrued vacation since I will be a new employee. Therefore I will be forced to go back to work even though my doctor advised me not to start working at this time. My Co. recently briefed employees that if we do not sign with the new company's employment package, we will be voluntarily terminating my employment with no severance package. Does my current employer have to continue paying me since I was ill while they were the owning Co.? If I sign with the new Co., is my current company released of any obligations they have regarding their sick leave policy? What are my rights, if any, with the new Co.?

Asked on 4/07/02, 7:41 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: VA Company Buy Out/ Under Doctors Care

No, your current employer has no continuing

responsibilty to pay you based upon policies

which are no longer recognized or followed by the

new owners.

Your current employer has no obligations(absent some specific contract)to be released from with respect to their previous policies regarding

sick leave and pay.

Your rights, such as they are, with the new company are enumerated in the employment package

which you are being urged to sign.

Answered on 4/08/02, 7:42 am

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