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Severance & PTO - Massachusetts

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  • Severance & PTO - Massachusetts

    My employer informed me today (two days before my last day of work) that I will not be receiving my PTO because they don't feel that I was doing the best job I could in the last few weeks of my employment.

    They announced and moved from Boston to San Francisco within about a month's time, informing me that I could either relocate with them, or be terminated. I decided not to go.

    They offered me a month's severance, and to keep me on for another month or so. Now, because they have relocated and cannot be sure what I'm doing all day long, they are claiming that I have not been working to my fullest potential. Nothing could be further from the truth.

    Because they decided to relocate suddenly, I had to take a new job with a 40% pay cut, we lost our house and had to move, and our second child is due to be born within the next few weeks.

    Given the stressful circumstances, I've gone above and beyond the call of duty to make sure I'm still doing my job to the fullest of my potential. Now they want me to sign a document waiving my right to claim remaining PTO be paid out. The same document claims to protect them from numerous other claims and grievances.

    They included stock options in my original contract. They have made no mention of paying these out to me either. They have also neglected to change my status from employed to terminated as of 10/31/09 until today, keeping us from receiving COBRA enrollment forms to expedite the coverage of our daughter's birth.

    I'm at a loss. What should I do in this situation?

    Thanks in advance.

  • #2
    I do know that in Ma. employers must pay separating employees for earned but unused vacation.

    In your case, due to your entire situation, you might want to talk to an employment attorney & also have them review the document they want you to sign.

    Someone else might come along with another/different suggestion.
    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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    • #3
      Your medical coverage will be reinstated with no gaps if you elect COBRA when you receive the notification and pay the back premiums. If a third-party administrator is used for COBRA processing, they have 45 days from your termination to get you the notification.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        http://www.dol.gov:80/ebsa/faqs/faq_consumer_cobra.html

        (COBRA questions & answers)
        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

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