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Should I get pension, unused vacation and sick days pay? New York

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  • Should I get pension, unused vacation and sick days pay? New York

    I live in NY. I have worked for this company for almost 8 year and I don't have any contract with them. I've got laid off recently. Am I entitled of any pension, unused vacation and sick days pay? How can I ask for it from my company? I didn't even receive my pay checks for last month. Please help.

  • #2
    You will not lose any vested pension but you will not be able to have it distributed immediately - distribution will be determined by the plan regulations.

    No state that I am aware of requires the payout of unused sick time.

    NY law requires the payout of earned but unused vacation time UNLESS a written company policy says otherwise.
    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.

    Comment


    • #3
      cbg, thanks for your quick response. Could you tell me how can i ask my employer for the pension that I entitled? because I feel that they will give me different excuse or refuse to pay me.

      Comment


      • #4
        Originally posted by zhizhi View Post
        cbg, thanks for your quick response. Could you tell me how can i ask my employer for the pension that I entitled? because I feel that they will give me different excuse or refuse to pay me.
        Your employer doesn't have your pension. I'm not sure why you expect them to "cheat" you out of YOUR money. Care to elaborate?
        Please no private messages about your situation.

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        • #5
          this is my first job since I got here in USA. I have no idea about what are my rights and theirs, and it is not easy for me to argue with them since I am not native English speaker.

          Comment


          • #6
            Originally posted by zhizhi View Post
            this is my first job since I got here in USA. I have no idea about what are my rights and theirs, and it is not easy for me to argue with them since I am not native English speaker.
            Honestly, they will do the right thing. Unless you work for some shady company, which I doubt, or you wouldn't have been there 8 years, you'll be fine, and so will your pension money.
            Please no private messages about your situation.

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            • #7
              How old are you?

              Pension money is NOT paid out at termination. It is distributed according to the terms of the pension plan when you reach retirement age.

              Are you certain you are talking about a pension and not a 401k? Although they serve a similar purpose, they are not the same thing.
              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.

              Comment


              • #8
                It is a small but licensed company and I did work for them for almost 8 years. I will write them an email to get my unpaid salaries and my pension now. and I will let you know the result. thanks.

                Comment


                • #9
                  Originally posted by cbg View Post
                  How old are you?

                  Pension money is NOT paid out at termination. It is distributed according to the terms of the pension plan when you reach retirement age.

                  Are you certain you are talking about a pension and not a 401k? Although they serve a similar purpose, they are not the same thing.
                  i am asking for pension not 401K which I don't have. So I should not have pension pay right after my termination, but when am I go to get it then since I am no longer in the company.

                  Comment


                  • #10
                    You "go get it" when you retire, assuming you meet the requirements of the plan. For example, if the plan requires that you be at least age 62 to get pension payments, and you retire from the workforce at age 60, you still couldn't get benefits from the plan until age 62 (note this is just an example; I have no idea what your company plan rules are). You are entitled to a copy of the SPD (Summary Plan Document) which details the rules of provisions of the plan; a qualified plan must have one. Ask the company for it.

                    Regarding your pay, how long has it been since your paycheck(s) was (were) due and are late? And how much did you earn per week? There's a reason I'm asking.
                    Last edited by Pattymd; 09-27-2007, 11:29 AM.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #11
                      Originally posted by Pattymd View Post
                      You "go get it" when you retire, assuming you meet the requirements of the plan. For example, if the plan requires that you be at least age 62 to get pension payments, and you retire from the workforce at age 60, you still couldn't get benefits from the plan until age 62 (note this is just an example; I have no idea what your company plan rules are). You are entitled to a copy of the SPD (Summary Plan Document) which details the rules of provisions of the plan; a qualified plan must have one. Ask the company for it.

                      Regarding your pay, how long has it been since your paycheck(s) was (were) due and are late? And how much did you earn per week? There's a reason I'm asking.
                      SPD (Summary Plan Document)? I don't think my company have that. basically, we don't have any kind of plan or benefit in the past 7 years, just now they started having people joined 401kand other benefit, and unfortunately I got laid off.

                      my termination day is Sept 14 2007, and i have not get my pay check for Aug 15 to Sept 14 till now, and we paid bi-weekly. I called my boss and he said they will send the checks over soon but didn't gave the date. I called DOL and they won't help me to claim it since it is over $450 weekly(someone said it can not be over $600).

                      by the way, should I get severance package at the termination.
                      Last edited by zhizhi; 09-27-2007, 11:49 AM.

                      Comment


                      • #12
                        Severance is not required by law.

                        If you haven't had any plan for the last 7 years, what pension monies are you thinking you are due?
                        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.

                        Comment


                        • #13
                          The maximum weekly salary for filing a claim for unpaid wages with the state Dept. of Labor is still $600 if you are/were an exempt employee. If the state DOL told you $450, that person was mistaken. Look at the top of this form.
                          http://www.labor.state.ny.us/workerp...PDFs/LS223.PDF

                          If you make more than that, any legal recourse for unpaid wages would have to be a civil suit; however, small claims court might be an option. However, you will also notice that the form says you have to ask for your wages first, before you file a claim, but you appear to already have done that.
                          Last edited by Pattymd; 09-27-2007, 12:03 PM.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                          Comment


                          • #14
                            Originally posted by Pattymd View Post
                            The maximum weekly salary for filing a claim for unpaid wages with the state Dept. of Labor is still $600 if you are/were an exempt employee. If the state DOL told you $450, that person was mistaken. Look at the top of this form.
                            http://www.labor.state.ny.us/workerp...PDFs/LS223.PDF

                            If you make more than that, any legal recourse for unpaid wages would have to be a civil suit; however, small claims court might be an option. However, you will also notice that the form says you have to ask for your wages first, before you file a claim, but you appear to already have done that.
                            You are right, it should be $600, but my weekly earning is more than that, so I think maybe I should go for a small claim court. I wish I would have a severance package at the termination? thanks.
                            Last edited by zhizhi; 09-27-2007, 12:49 PM.

                            Comment


                            • #15
                              basically, we don't have any kind of plan or benefit in the past 7 years, just now they started having people joined 401kand other benefit, and unfortunately I got laid off.

                              So then what pension plan are you talking about? It sounds as though you're saying the employer did not have any sort of retirement plan at all until they implemented a 401(k) plan just recently. Are you assuming that employers all automatically provide a pension plan for their employees?

                              Comment

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