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being layedoff but requiring surgery beforehand MA

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  • being layedoff but requiring surgery beforehand MA

    was scheduled to be layedoff at the end June. However, I received news that I have to have an operation ASAP. The surgery date is scheduled two weeks before my scheduled layoff date. Will I go on disability- or can they lay me off early? The handbook states severance packages will be givento an employee for certain amount of years worked, can they change that policy because of my situation and deny my severance? Could I go on disability and then be layedoff two weeks later? Any help will be appreciated. Thank you!

    This is is Mass
    Last edited by jenbillerica; 05-22-2006, 07:09 AM. Reason: Really need advice!!!

  • #2
    How many employees and how long have you been there?

    Is this disability you mention an STD plan or salary continuation offered by your employer? If it is the former, I don't see why you wouldn't be eligible for it. If it is the latter, given that there is to be a layoff, I wouldn't hold my breath that your employer would pay you beyond the 2 weeks.

    Have you asked your employer what they plan to do? We can speculate all day but unless you ask, you won't know what their intentions are. There is no sense getting upset about what may happen. Ask them about the severance as well. Whether you qualify is up to your employer's policy.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Thank you for your response. I have been there 20+ years, was laidoff about five years and brought back on with my original start date because it was within a year. The company does offer STD. There are about 2000 employees. I do plan on speaking with my employer but I was hoping to know what they can legally do or not do. The handbook states the severance policy, I just want to make sure they don't change it in my case because of the situation. I appreciate the help- I don't want to be blind-sided when I talk to them. I would like to know somewhat what they legally do. Thank you for your help!!!!

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      • #4
        Severance isn't dictated by law so it really is going to be up to company policy. Some policies require you to be actively working on the date before the layoff. Others do not. It really depends.

        If you qualify for FMLA (and it sounds like you should) they shouldn't discharge you before the lay off date. Those 2 weeks before the lay off would be FMLA.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          Actually, MA is one of the very few states where in SOME, but by no means all, layoff situations, severance pay IS required.

          Overall, how many employees are being laid off?
          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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          • #6
            there have been about a total of 4 or so. Everyone, the other three let go already, received severance packages and the handbook (policy) states clearly that severance is given according to years served. Thank for the help!

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            • #7
              Sorry, but that's not enough for mandatory severance under MA law.
              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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              • #8
                What is enough for mandatory MA state law? Just curious... but thanks for the help. We'll see how it goes. Maybe they will be consistent with their packages.
                Last edited by jenbillerica; 05-22-2006, 12:58 PM.

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                • #9
                  It would have to be a minimum of 50 and even then it would depend on the specifics.
                  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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