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unemployment or fmla options/covid

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jenn19

Active Member
What is the name of your state? Wisconsin.
I work in a distribution warehouse. The family owned parent company owns three different businesses under the original name. The warehouse is the original business and employs approx 200 employees (pickers, dock loaders, drivers) . According to our profit sharing and 401k plan statement there are approx 450 participants. We employees all share one HR.

The Company is considered essential so it remains open, but under diminished capacity. I was laid off immediately because of my position (administrative), but my former co-workers (the pickers) were not. Here is the situation as I best get it:

Evers shut Wisconsin down on March 17 due to COVID19. Business screeched to a halt and some employees (pickers) elected to stay home to comply with the orders for health reasons. Many took two weeks off without pay. I'm guessing about a quarter of them. Two weeks later, things are still dire, so, okay, my friend, uses all their remaining sick and vacation days.

Today is two more weeks later. We are still under Stay At Home advisement and my friend doesn't want to un-do their quarantine, but still has to eat. Those safety nets, we all strive for, go very quickly, we are learning.

The Company continues to carry our health insurance: we will owe them once we return to work (me, laid off – and them,voluntarily laid off ). We understand unemployment and FMLA are very two different things but it seems like right now, they are intertwined. We are out of ideas. Is this considered exigent circumstances for FLMA, per chance?

To top it all off, we never got our safety bonus, usually paid in February or our profit sharing check which is usually paid in March (after their fiscal year ends in February). This one is affects me too.

Unemployment or Short Term Disability an option? Thanks for any insight.
 


PayrollHRGuy

Senior Member
FMLA won't supply payment to you.

If you are laid off, file for unemployment.

As far as other workers they need to do what is right for their situation.
 

quincy

Senior Member
I agree that applying for unemployment benefits is probably your best course of action. But you might be waiting awhile to receive the benefits once your application is accepted and approved.

It is a bit of a wild wild west right now. I don’t know of any action anyone can take that results in speedy relief.
 

cbg

I'm a Northern Girl
Unemployment is an option. FMLA is unpaid leave and STD would only apply if you actually become ill.
 

jenn19

Active Member
Thank you so much for your quick replies! You pretty much confirmed what we came up with. I was hoping, that those are taking voluntary layoff, furlough, call in every Mon for the week, w/e, people should at least apply for unemployment. But, I don't want them clogging up an overloaded system.

Any thoughts on collecting our bonuses? Both were due before any financial distress was evident. My friends want to file a wage complaint with the DOL. I say go for it, because I am due it as well, but think, I don't know what I think, tbh. I figure we got lots of time on our hands...The safety bonus is a couple hundred and profit sharing is about a typical pay check (which would really help those on self furloughs)

Thanks again for your help - you guys rock
 

Zigner

Senior Member, Non-Attorney
You should have applied for unemployment the moment you were laid off in order to avoid any waiting periods, etc.
 

jenn19

Active Member
Yeah.....not holding my breath either. Thanks though, Quincy.

Thanks cgb and PayrollHRGuy for your time too. I see you all have been very busy helping the worker bees of America. Thanks, mods, for the site.

I'll update if we come up with anything.
 

cbg

I'm a Northern Girl
Hard to say what your rights are on the bonuses. There are two types of bonuses - discretionary and non-discretionary. An employer can quite safely and legally withhold a discretionary bonus; they cannot withhold a non-discretionary bonus forever but the timing of when they must be released is specific to the bonus agreement. As none of us have read the agreement we cannot say if the employer is within his rights or not.

The US DOL Wage and Hour division is unlikely to take a complaint about unpaid bonuses. The WI DOL might, but frankly I'm not holding my breath. I admit I only took a quick look, but I couldn't find any WI laws specific to bonus payments.
 

jenn19

Active Member
I'm collecting unemployment, my coworkers are not. I tossed the idea around of offering a furlough, but, fortunately, i guess, I was laid off almost immediately.

No, we are not union. Yet: s-l-o-w-l-y working on that. The company is currently expanding so they are a small business trying to run with the big dogs. The upgrades are putting them more on the radar of a variety of agencies but they continue to try to run under "small" rules while grumbling about "safety"
 

jenn19

Active Member
cbg, thank you, I couldn't find anything either.
We have no agreement. We have our policy book and past practice.
We did file a complaint with the WI DOL. Again, we got lots of time and my friend is enjoying learning labor law and thinks we should organize and I love a good fight.
How do we determine if the bonus is discretionary or not; does that apply here?
 

cbg

I'm a Northern Girl
I hate to say this, but if there is no written agreement it is almost certainly discretionary.
 

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