I'm a salaried engineer that works at a client site (long term assignment). In the past, if we were not at a client site ('benched'), we were still paid, due to being salaried, and would report to our office to study or wait for another assignment. My current client\assignment is having a 3 week 'mandatory layoff' over the holiday and my company just informed me that they will not pay me during that time. I have to use up any vacation time and the rest take without pay. There are about 10 engineers that this is happening to - the remainder of the employees (Sales, administration, etc) are still paid. I was told if I was 'benched' any other time, I would be paid, but it is too much with 10 engineers at once. I was also told I cannot collect unemployment unless they lay me off, which at that time I would lose my benefits.
Questions:
- Can a company arbitrarily not pay a salaried worker? As an engineer, I am dependent on sales and scheduling staff to be assigned.

- Can I collect unemployment and still keep my benefits? (time off is Dec\Jan)

- Must I use the remainder of vacation days before collecting unemployment?

Thank you very much

1.) Regardless of whether you are exempt or non-exempt (salaried is only a pay method and means nothing in and of itself) if you do no work for a full work week (regardless of the reason why) you do not have to be paid. This presumes that you do not have a bona fide contract or CBA that specifically says otherwise.

2.) Still keep what benefits?

3.) That's up to the UI office in Michigan. Ask them.

Thanks for the response. The benefits I was referring to are Health Benefits. There is an amount deducted from each semi-monthly paycheck, so if I collected unemployment: Would I still have my health benefits if there is not a paycheck to deduct them from (and instead, collect unemployment). I could only assume that the health benefit deduction would roll over until it could be deducted from the next paycheck, and increased to cover the missed payments.

Thanks

Whether or not you would keep your health insurance would depend on the way the plan is written. However, it would be unusual in the extreme for benefits to be cancelled for a three week period. I doubt that the employer would want to go through the administrative hassel of cancelling the coverage and then reactivating it only three weeks later.