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Being laid off...

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ebmc

Guest
What is the name of your state? New York

I am privvy to information that my boss is going to close our business and reopen under another name over in Canada as a one-man operation. The current business as well as the business he is going to open are small subsidiaries that are partly owned by a bigger Canadian company that his father owns. Supposedly he is going to let us go June 1st.

My situation is this: I am due with my first baby on June 10th. How will this effect my disability pay? Assuming he is insured until only June 1st, will I be able to draw disability for the 6 to 8 weeks I am currently entitled to? Or am I going to be out that $$? I realize I will be able to draw unemployment (not at the same time as disability), but any monies owed to me, I want to receive, obviously.

I also heard that if a business CLOSES, then you are entitled to 80% of your wages for unemployment instead of the regular +/- 50%, but I can't find anything about this on the NYS Dept. of Labor site. Can anyone guide me to something that states this?

One more thing :eek:): I will be owed about 25 hours personal time and 150 hours vacation on June 1st. I have a feeling he's gonna try and balk at paying us this. No where in our policy manual does it say if you get laid off, this time is forfeited. Does he legally have to pay us for this time owed? Is there a set amount of time that he has to pay us for this?

If you read this far, THANK YOU! I am swimming with questions, but these are in the forefront of my mind and I can't seem to find cut or dry answers.
 


Beth3

Senior Member
How will this effect my disability pay? That depends upon the particulars of the contract the employer has with the insurance carrier. The key question is whether the "fine print" calls for the cessation of all open disability claims if the contact is cancelled. I don't have much experience with NY mandated benefits but I believe NY has a State mandate that employers provide a minimum level of disability benefits - that may have a bearing here as well. Unfortunately, I can't tell you what that would be. Your first step in figuring this out though is to review the Plan Document/insurance booklet that describes the disability plan.

I also heard that if a business CLOSES, then you are entitled to 80% of your wages for unemployment instead of the regular +/- 50%, but I can't find anything about this on the NYS Dept. of Labor site. Can anyone guide me to something that states this? I tend to doubt that this is true but if you contact your State DOL/UC Division, they can advise you.

Does he legally have to pay us for this time owed? No. NY reg's do not require employers to pay out earned but unused vacation time upon separation. It's a matter of company policy. If the employer's policy calls for payout of vacation upon termination, the employer must then follow their policy however.

Is there a set amount of time that he has to pay us for this? In NY, final wages must be paid no later than the next regular payday.
 
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ebmc

Guest
well, just to let you know things kinda worked themselves out today.

Thank you for the feedback, but apparently the ol' Bossman wasn't waiting for June 1...he laid us off TODAY at noon. Announced that he is giving us all of our vacation and personal time that's accumulated PLUS a severance package of a week's pay for every year we worked there. Not only that, but technically the office is going to stay open until the end of July with one other person he didn't lay off because he needs that person to help with accounting matters. This will give me the disability time I'll need after the baby is born.

Looks like it all worked out...I just didn't expect it to work out so soon! :eek:
 

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