Hi!
My company is planning to lay us off during renovations. Are there any guidelines/protocol to this procedure?
My company is suggesting we use our PTO time during this period...is this normal?
Are (should) we be guaranteed a return to work at the same salary and position (seniority)?
How are our health benefits handled during this period?
Will we be eligible to collect unemployment?
Any and all advise would be greatly appreciated.
Thanks,
J

N0help4u

You should be able to collect unemployment

ScottGem

If its listed as a temporary layoff, you may not be able to get unemployment, since you aren't ready to take another job.

If they bring you back, it should be at the same position and salary. They may not be required to pay health benefits, but you can use COBRA to maintain health coverage.

figtree

Thanks for your prompt replies.
Are there any DOL guidelines in NJ for layoffs?
Since the layoffs are through no action of the employees, shouldn't the company continue to pay for health benefits?
Can they force us to use our PTO time?
Thanks again,
J

ScottGem

Call the NJ Dept of Labor

excon

Hello fig:

In general, if you don't have a union, or you don't have an employment contract, you are employed as an "at will" employee. That's a legal term meaning, basically, you have NO rights at all to your job or your salary. They can change anything they want at any time they want. You, of course, can quit anytime you want too.

Therefore, I don't think there are any federal or state guidelines beyond the definitions I described above.

No, they don't have to pay health benefits. Should they???? Well, they shouldn't lay you off, but we're not talking about SHOULD here. We're talking about what IS.

Of course, they can force you to use your PTO time.

Unless you have a written guarantee of a job and a date when it will happen, I think you CAN get unemployment benefits. You, of course, will be required to be looking for OTHER work. I'm not sure if another job wouldn't be best for you.

excon

figtree

Thanks all. This company is holding things very close to the vest and we don't even know when this is supposed to happen! There's talk of July 1.
We do have a union and we're trying to establish the terms of the layoff as best we can. I've sent an email to the NJ DOL to determine what, if any, protection we may have.
Thanks again for your advice.

excon

Hello again, fig:

Well, THAT changes everything. Forget what I said. I think they very well might have to pay your health benefits, and they very well might NOT be able to force you to use your PTO time.

excon