Ask Experts Questions for FREE Help !
Ask
    figtree's Avatar
    figtree Posts: 12, Reputation: 1
    New Member
    		  
    #1

    Jun 16, 2008, 06:50 AM
    NJ.Rules for Layoffs?
    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's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
    		  
    #2

    Jun 16, 2008, 06:53 AM
    You should be able to collect unemployment
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Jun 16, 2008, 07:01 AM
    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's Avatar
    figtree Posts: 12, Reputation: 1
    New Member
    		  
    #4

    Jun 16, 2008, 07:39 AM
    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Jun 16, 2008, 07:40 AM
    Call the NJ Dept of Labor
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #6

    Jun 16, 2008, 07:46 AM
    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's Avatar
    figtree Posts: 12, Reputation: 1
    New Member
    		  
    #7

    Jun 17, 2008, 07:13 AM
    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's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #8

    Jun 17, 2008, 07:42 AM
    Quote Originally Posted by figtree
    We do have a union and we're trying to establish the terms of the layoff as best we can.
    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
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Rules of a BBQ [ 5 Answers ]

MENS... BBQ RULES It is important to refresh your memory on the etiquette of this sublime outdoor cooking activity, as it's the only type of cooking a 'real' man will do, probably because there is an element of danger involved. When a man volunteers to do the BBQ the following chain of...

The Five Rules [ 2 Answers ]

FIVE RULES FOR MEN TO FOLLOW TO A HAPPY LIFE: 1. It's important to have a woman, who helps at home, who cooks from time to time, cleans up and has a job. 2. It's important to have a woman, who can make you laugh. 3. It's important to have a woman, who you can trust and who doesn't lie to...

What are the Rules? [ 6 Answers ]

My daughter's father and I have not been together for almost 3 years and we are still arguing over my daughter and who should do what. I have her most of the time and he takes her Wed night, Sunday afternoon and every other Saturday(day and overnight). We are both in our early 20's. My questions...

HOA Rules [ 2 Answers ]

Does anyone know whether the HOA members have the right to vote on new rules or changes in the bylaws/covenants? Or does the HOA board have the right to make new rules without the consent of the members? Can the board also make up a fine schedule without having to go to the association for approval?

The Rules [ 1 Answers ]

More Signs Technology Took Over Your Life - You know Bill Gates' e-mail address, but you have to look up your own social security number. - You stop saying "phone number" and replace it with "voice number," since we all know the majority of phone lines in any house are plugged into...

View more questions Search