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Laid off and need advice on some things... Massachusetts

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  • Laid off and need advice on some things... Massachusetts

    Hello, I was recently laid off with no warning at all. On my day off I just got a call from my boss saying the company had to restructure to survive and they had to cut some people lose including me. No one had any clue this was happening and hit all of us as a surprise. He told me he wanted to do the "honorable" thing so he was giving me 1 weeks notice and not to worry about coming in for it, that he would take care of everything and I would just get paid for it. Thanks and all, but I could have used some prior knowledge to get my resuem ready and set up what little i had to survive the next month of rent payment and all. I certainly would not have gone out to eat if i had known.

    My question is what is the minimum notice I should have received?
    AND
    I had accrued vacation, holiday and sick time I never used, am i entitled to that? ( I am pretty sure I should get the vacation and unused floating holidays that have passed that i never took)

    I have received my last paycheck via direct deposit but it was only for the normal amount for what i make in a week. I am thinking that they are going to try to not pay me my vacation and holiday pay so how would i best go about informing them of their obligations and what recourse do i have if they do not comply? Any web sites that i could find specific laws citings or whatever to back up my claim?

    Thank you very much for your help

  • #2
    The minimum notice you should have received under the law is none. Unless there is a mass layoff or a plant closing that triggers WARN, they have no legal obligation to provide you with any notice at all.

    Under MA law, you are entitled to whatever accrued but unused vacation you were holding on your last day of work. That is not necessarily all the vacation you would have received by the end of the year. They are not legally required to provide you with any unused sick time, holidays (floating or otherwise), or personal days.

    I would suggest that you contact them and politely ask them about the vacation time (again, they do NOT owe you for unused floating holidays). If they refuse to pay it, you are free to file a complaint with the AG's office. I don't have a link handy; I may be able to find it for you later.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Ok thank you for the information.

      As far as filing a complaint goes though, should I have to what would happen? I mean does it have any power to make them pay or does it have no teeth to back it up?

      Thanks again

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      • #4
        Yes, they have the power to demand it
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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