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    I Was Recently Working As A Kitchen Manager In A Restaurant In Saugus Mass For Nearly 2 Years.i Went Into The Restaurant On Tuesday Night [the End Of There Work Week] To Do Inventory And Was Informed At 15 Minutes Before We Close That The Restaurant Will Be Closing That Night For Good. Now Am I Entitled To Some Kind Of Severence Package As Well As My Vacation Pay That Is Owed To Me.what About My Medical Coverage? I Am On Several Medications And Can Not Afford To Pay Full Price Let Alone The Covered Price Now That I Amout Of A Job.i Am Also Unable To Get Married As Planned Next Month Because I Have No Medical Insurance For My Wife And Daughter. What Are My Options?

  • #2
    Assuming that this is a small business with less than 100 employees, there would be no requirement under the federal WARN Act, that you receive any advance notice of the business closing. I'm not saying that it was the proper way of handling it, I'm just saying that, unless MA has a more stringent requirement, it wasn't illegal.

    Regarding your accrued vacation, you ARE legally entitled to that under MA law. Regarding insurance, under federal COBRA regulations, if the business is closed, and the insurance plans are then terminated, COBRA does not apply.
    http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.html

    It's a very tough break and I feel for you. You should immediately file for unemployment benefits and start pounding the pavement for another position. You can also contact the state Dept. of Human Services (or whatever they call it there) to see if there is some assistance for you for your medications. Good luck.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Unless you have an employment contract or other arrangement for severance, you are not entitled to severance pay.

      As for health insurance, you might be entiteld to continuing coverage under COBRA, but it depends upon what you had for insurance. Depending upon your income level, you might als qualify for Mass Health.

      As for your final paycheck, your employer should have given you a full paycheck on your final day of work, for all your vacation pay as well as all hours worked until the end of that day. Make sure you're not owed anything else.
      This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

      This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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