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Unexpected death New York New York

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  • Unexpected death New York New York

    I work at a tiny breakfast place in manhattan where I am the sole employee for my shift hours. There are 6 staff members to run Dinner but I am the only one who works breakfast.
    My brother passed away unexpectedly over New Years and I had to fly back to California. The service will be held on the 16th. I will have been absent 17 days when I return to New York.
    Since I have been gone they have decided to stop serving breakfast, but have offered me a different shift at another restaurant. I'm not sure if thesenew hours will work with my home schedule. Is there any kind of bereavement insurance or unemployment I could receive or am I eligable for unemployment if the new schedule doesn't work out?
    Thanks

  • #2
    No, there is no bereavement insurance and nothing in the law that offers any kind of protection in bereavement situations.

    Whether you will or will not be eligible for unemployment if the new schedule doesn't work out, depends on why it doesn't work out.

    My sympathies on the loss of your brother.
    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
      There is no bereavement leave law. You get whatever your employer is willing
      to give you.

      "Generally" you do not get unemployment ins. if you quit just because your hours conflict with your home schedule. However, it will be the state's decision whether you
      receive UI if you quit due to the new schedule not working out. Each case is looked
      at on an individual basis & why the new schedule doesn't work out as cbg noted.

      You also have my sympathy on the unexpected death of your brother.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        While no bereavement leave is required legally, many organizations do offer leave, and its usually only 3 days. The fact that your job was held for 17 days was generous of them based on the fact that you were the only employee working.

        I'm opsrry for the loss of your borther, but nothing illegal was done here.
        I find that the harder I work, the more luck I seem to have.
        Thomas Jefferson

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        • #5
          Actually they were trying to be nice by offering you a different shift instead
          of terminating you.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Please don't misunderstand me. I know they are being incredibly generous and I never thought anything illegal was being done. I am very happy I have been given so much time and another position. I simply had some questions, since I have never had to deal with this before.
            Thank you guys for all your insight.

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            • #7
              You're welcome.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                New position postponed...

                OK. So I have returned to New York and had a meeting with my GM and the Owner this evening.

                As of right now, they are still offering me a new position but won't have any shifts available to me for a couple weeks. Also, they will only be able to offer me 2-3 shifts a week. I want to stay in good standing with these guys, I really like them. I appreciate everything they have offered me, but I can't float for the next few weeks.

                Will I be making them pay a lot if I apply for UI till I am given full-time work again? Is it possible to qualify for partial benefits till my shifts increase?

                My original position was terminated, but the new one might not come soon enough.

                Any advise on what I should do?

                Thank you!!

                Comment


                • #9
                  You can certainly apply for partial UI benefits due to your lack of shifts &
                  reduction in shifts (hours). It will be up to the state whether you receive
                  benefits or not.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    And don't worry about "hurting them too much". If a partial claim for a short period of time hurts their UI rate at all (which is pretty unlikely), it won't be until 2012. Besides, that's exactly what unemployment insurance taxes pay for, and why the state requires that they pay those taxes. You're entitled to the benefits and you should apply for them.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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