New York State
I retired from County government in June 2021 working under a civil service contract that expired on12/31/2023. A new contract was drawn up in January of this year and will be voted upon by members soon.
The provision in the new contract that I question is the giving of what is being called "pandemic/retention pay" of $1500 to $5000 (lump sum) depending on the job performed and full-time vs part-time status. You must have been employed by the County from 3/1/2020 through 2/28/2021. I was employed by the County at that time.
Here is the wrinkle which I believe is unlawful: The county is also calling it "retention pay" as you must be still employed by the county as of 1/1/2024 to receive the pay which would then exclude anyone--including me--that had retired in the meantime. First of all, how can this be retention pay after the fact? The employee already stayed! It seems to me it can't be called or treated as retention pay if it doesn't meet the definition. It seems to me that this bonus can only be treated as "hazard pay" and should be paid to all employees who worked during the stated pandemic interval.
Do I have a leg to stand on if I decide to pursue this legally?
I retired from County government in June 2021 working under a civil service contract that expired on12/31/2023. A new contract was drawn up in January of this year and will be voted upon by members soon.
The provision in the new contract that I question is the giving of what is being called "pandemic/retention pay" of $1500 to $5000 (lump sum) depending on the job performed and full-time vs part-time status. You must have been employed by the County from 3/1/2020 through 2/28/2021. I was employed by the County at that time.
Here is the wrinkle which I believe is unlawful: The county is also calling it "retention pay" as you must be still employed by the county as of 1/1/2024 to receive the pay which would then exclude anyone--including me--that had retired in the meantime. First of all, how can this be retention pay after the fact? The employee already stayed! It seems to me it can't be called or treated as retention pay if it doesn't meet the definition. It seems to me that this bonus can only be treated as "hazard pay" and should be paid to all employees who worked during the stated pandemic interval.
Do I have a leg to stand on if I decide to pursue this legally?