Month: May 2018

State Warn Laws If You Get Terminated

State Warn Laws If You Get Terminated

More than half of the states also have laws that require employers to give notice of a layoff. Some of these laws apply to smaller employers (or smaller layoffs) than the federal WARN Act. And some require employers to do more than provide notice.

For example, Connecticut employers that permanently shut down or relocate their facility out of state must pay to continue their former employees’ health insurance for 120 days.

In Maine, employers that discontinue business operations or relocate at least 100 miles away must pay one week of severance for each year of employment to employees who have been with the company for at least three years. To learn about your state’s rules, contact your state labor department.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

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Final Paychecks After a Layoff

Final Paychecks After a Layoff

If you’ve lost your job in a layoff, you are no doubt concerned about your finances, benefits, and finding new work.

There is help available to laid-off workers from the government, in the form of unemployment compensation. But your former employer has legal obligations as well.

For most laid-off workers, money is the biggest concern. You are entitled to receive your final paycheck within time limits set by state law.

Some states give employees who have been laid off or fired a right to receive their paychecks quickly, sometimes on the day they lose their jobs or a day or two later. Other states allow employers to wait until the next regularly scheduled payday to cut a final check.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Final Paycheck If You Get Terminated

Final Paycheck If You Get Terminated

Many states have laws that specify when departing employees must be given their final paycheck. Often, the time limit depends on whether you are leaving because you quit or because you were fired or laid off.

For example, in some states, employees must be given their final paycheck immediately or within a certain number of hours if they are terminated or laid off, but not until the next scheduled payday if they quit.

Some of these state laws also specify whether your accrued, but unused, vacation pay must be included in your final paycheck.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

What is Severance Pay? Part III

What is Severance Pay 3

A severance package can include more than just money. If you are in a position to negotiate a package (perhaps your termination is questionable and your employer wants to keep you from going to court), consider asking for these other benefits:

Insurance benefits: Health insurance continuation laws allow you to keep the same health care you had with your employer but may require you to pay the full cost of the premiums for continued coverage. However, nothing in these laws prevents your employer from picking up the tab if it agrees to do so as part of a severance package.

Uncontested unemployment compensation: Sometimes, employers will try to contest the unemployment claim of a terminated worker. Ask your employer to agree not to do so. It will make getting unemployment benefits a lot easier.

Outplacement services: Outplacement firms help employees find new jobs. They may offer counseling, job skills training, tips on résumé and cover letter writing, and leads on potential jobs. In addition, they may give you a place where you can use a computer, receive faxes, and have a receptionist take messages for you.

References: If you are leaving your job under less-than-pleasant circumstances, you might work with your employer to come up with a mutually agreeable letter of reference.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

What is Severance Pay? Part II

What is Severance Pay 2

While no law requires severance pay, an employer may be legally obligated to give you severance pay if it promised to do so — for example, through:

– a written contract stating that the employer will pay you severance
– a promise of severance pay in an employee handbook or manual
– a long history of the company’s paying severance to other employees in your position, or
– an oral promise to pay you severance

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

What is Severance Pay? Part I

What is Severance Pay 1

Most employers are not required to provide severance pay to employees who are terminated or laid off.

A few states require employers who close a plant or lay off a large number of workers to provide salary or benefits continuation for a limited time, but most do not.

Nevertheless, many employers may offer one or two months’ salary to employees who are forced to leave their jobs through no fault of their own.

Some employers may be more generous to long-term employees by basing severance pay on the length of the employee’s service to the company; a typical formula is a week’s pay for every year of employment.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Your Rights When You Leave a Job

Your Rights When You Leave a Job

Whether you leave your job voluntarily or through a termination or lay off, there are a number of loose ends you will want to tie up before you walk out the door.

The first kind is Severance Pay. While no law requires severance pay, an employer may be legally obligated to give you severance pay if it promised to do so.

Many states have laws that specify when departing employees must be given their final paycheck. Often, the time limit depends on whether you are leaving because you quit or because you were fired or laid off.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

 

Duration for Continuing Health Insurance After a Job Loss Benefits

Duration for Continuing Health Insurance After a Job Loss Benefits

The Consolidated Omnibus Budget Reconciliation Act, known as COBRA, coverage lasts for up to 18 months.

A spouse or dependent child who becomes eligible for any reason other than the employee’s qualifying event can continue COBRA coverage for up to 36 months. For example, if the employee dies, the spouse can continue coverage for 36 months.

Different rules apply in some circumstances. For example, if a spouse is receiving COBRA coverage because the employee was laid off, both the employee and spouse would be entitled to receive benefits for 18 months.

However, if the employee dies during this 18-month period, the spouse’s eligibility would be extended to 36 months. COBRA coverage can also be extended (to a total of 29 months) if the person receiving benefits has a disability and meets other requirements.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com