Perplexed about Job Status

[ndhpnw]

I live in Georgia
I will try and keep this short. At present I am on FMLA for a non job related injury. I have been out since 10/2004 I am classed as a manager/salareid exempt. I have always worked 55 -60 hours per week. I supervise no one. I just receivd news that my place of employement has closed the office for good. My caller has said they will wait until I am released by the doctor before they can make a decision on whether I will be laid off or placed elsewhere. I know that this company really wants to phase out this part of the business, so I will not be in an exact scenario. I am thinking I will be laid off. I realize that employers do not have to give severance packages, but since I have worked faithfully more than 7 years with this company and all those long hours without back up unless I get a temp service to cover me or plan almost two months in advance before taking a vacation so I could train a temp to cover or be fortunate enough to have a company person cover. I feel that I should be given a severance pkg. If they do decide to give me a severance pkg, and it is less than three month seveance, do you think asking for at least six months severance would be out of line? of course if they offer at least three months that would be great, but I have a feeling that they will offer me severance and it will probably be for two weeks. Anyway, I am over 50 and I know that trying to find a job will take some time. I am in the process of completing a BA degree in administration. I have a car note (unfortunatley I did not get the job protection insurance with the car at financing) and student loans, so I really hope to get at least six months severance that will help me still pay some bills and talk with the creditors to be flexible with me. I will also be eligible for at least 26 weeks Unemployment after the severance pay ends. Is there anyway I can make the company pay me for the long hours I worked regularly over 50 hours. I sent an e-mail to the HR person complaining that I didn't see a benefit in working these long hours and no benefit. They had me as a manager when I didn't manage anyone. I did all of the task to do the job. When I needed to be off I had to get a temp service. Only until I was out with my injury for more than a month they hired a part-timer (which I had asked for long before the injury). Of course if I am not laid off that will be great. Thanks for letting me vent a little. I just think it is unfair that they do away with the job so quickly while I am on FMLA, I do not think this was an overnight decision, I think they planned this for awhile, but my getting hurt was a surprise.

 

[cbg]

Without knowing more about your industry or what your company has done previously about severance I'm hesitant to say that anything would or would not be technically out of line. But not even the most generous company I've ever worked for (and I've worked for two that were QUITE generous with their benefit packages) would offer six months of severance to anyone except maybe a senior VP unless they'd been with the company a lot longer than seven years. On the available facts I can't say what you want is or isn't unreasonable, but I honestly think you'd be pushing your luck a bit farther than I'd be comfortable with. Don't forget that if they offer three and you ask for six, they can legally withdraw the three and offer none.

If you were correctly classified as exempt, then no, there is no way you have any legal entitlement to additional compensation no matter how many hours you worked. An exempt employee is not paid on the basis of a 40 hour week. Many exempts mistakenly believe that their salary is based on working 40 hours and anything over and above that is unpaid. That's not the case. An exempt is paid on the basis of getting their job done, and their salary is established with the understanding of how many hours they will be working.

For the record, unless your company uses the calendar year as the FMLA 12 month period, they have already held your job FAR longer than they are required to by law. They could legally have fired you as soon as you had been out for 12 weeks. Instead they've held it for several weeks longer than they're required to. That doesn't jibe with your belief that they've been lying in wait looking for an excuse to do away with your job.

 

[ndhpnw]

Thank you cbg

Thanks. You have helped me greatly! I certainly would not want to be ungrateful with my employer, I have enjoyed working for them. I know that FMLA is 12 weeks per year, in my case they sort of bridged it over into a new year. Yes, if they offer me any severance I will take it gladly. In away, I think they do care because, you are right they have been more than patient with my situation. At least if I am let go, I have some college and anticipate getting my BA soon, which gives me an advantage when seeking another job.