forced unemployment

New York

My boss informed me because of him being slow he is forced to lay me off and cancel all my health

benefits on January 1st.

every one else in the shop still has their jobs, They are all non-citizen workers. I know one is

legal.

one i think is illegal.

I told them to watch out because they may be next and was told they were working extra hours, 6 days a

week,

My boss and his wife who is the book keeper suggested I contact the unemployment dept of NY since i

was eligible.

they owe me vacation pay and i am afraid to ask for it as they might cancel my health before Jan 1st.

Now I have filed claim for unemployment and the form asks if you are owed vacation pay, i checked YES.

Now i find i will be denied benefits for this week because of that.

Now I find the want me to work under the table building an addition on their home for 200 dollars a

day , much less than i was making before, but as they pointed out with unemployment at 405.00 a week.

I would be making the same or more, but with no health insurance.

these people are complete creeps.

do i have any case against them?

I have busted my butt for them for 7 years, now they treat me like this.

I used my own vehicle every day with no reimbursement ever.

Firing you may have been unfortunate, but it was perfectly legal.

Your former employer will have to send you COBRA papers within 45 days (I think it's 45, someone please correct me if I'm wrong) of your last day of work - these papers will enable you to choose to continue your health benefits at your own expense if you wish.

You may be entitled to vacation pay; to find out, contact the NY state DOL. If you are entitled to vacation pay, you won't be entitled to UI benefits for the period of time covered by the vacation pay.

If you work "under the table" while collecting UI benefits, you will be committing fraud. When you're caught, you will have to repay all of the UI money you received plus a big fine. You will also have a record and you can kiss all that vacation money you may be entitled to goodbye.

If you want to report your former employer for possibly employing illegal immigrants, contact the federal immigration authorities. You won't receive any awards or money for doing this.

I hope this helps and that I've covered all of your issues.

It's 44 days, actually.

In NY, unused vacation must be paid out unless there is a written policy to the contrary.

ok. thank you.

now, what about the time between my termination date and the cobra start date

will there be a lapse in my health coverage?


i was let go on 11/19

are they required to continue my health benifits after that date.

they said they will keep me covered untill jan 1, 09, they gave me a notice of this with my last pay

can they end it sooner if i go against thier wishes?

I worried they will pull my health benifits sooner if i push the issue with my owed vacation pay

COBRA is retroactive to the cancellation date of coverage so there is no gap.

In 49 states, including NY, the law does not require that they continue your health insurance coverage after your last day of work. The last day of your benefits is determined by the insurance policy. In my almost 30 years of experience with employer sponsored group benefits, about half the time the last day of coverage is the last day of work, and the other half of the time it is the last day of the month in which the last day of work took place.

Barring a bona fide contract or policy, they have no legal obligation to exend your benefits beyond whatever it says in the insurance policy. Whether or not their promise to continue it till Jan 1 constitutes a contract is not something a message board can determine.