Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

partial layoff - unemployment eligible? NFP New York

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • partial layoff - unemployment eligible? NFP New York

    my not for profit has just announced 20% pay reduction for all workers (exempt and non), effective immedialty (mid-way through a payroll period). Cut will be indefinite. Of the 20 employees, 1 non-exempt and 3 exempt will NOT have their hours cut,

    Questions are:
    1) can an employer pick and choose who is cut and who is not. We were told it is because 2 of the exempt employees are covered by grants, 1 is "too busy" and the one non-exempt, receptionist, is too hard to replace (having others answer phones takes away from their reduced hours)
    2) are we eligible to apply for unemployment benefits..I rmember hearing one time that in the case of partial layoff an employer had to write a letter to state DOL to have an exemtopn made???
    3) Does seniority come into play (we are not union), in the case of another non-exempt wondering why she can't answer phones in place of the receptionist..a veteran employee of 13 years, vs a new hire of 1 year...
    4) one of te people who is NOT affected is currently on a personal unpaid (using vacation) leave of absence. She returns in early march. If her job is indeed convered by grants and they need her, why has she been allowed to take a 5 week LOA?

    6) does none of the above matter because we are small and a NFP??

    Thanks for any advice in addition to answering the above questions!

  • #2
    1.) Yes. The only caveat is that they cannot pick and choose based on a characteristic protected under the law. Other than that, it is entirely up to the employer how to handle the cutbacks.

    2.) You can always apply for UI. Whether you will be eligible is something only the state can say for certain. In many cases you can collect partial benefits due to a reduction in hours, but it will be up to the state if this is a significant enough reduction to qualify.

    3.) No. The employer has no legal obligation to consider seniority in deciding whose hours are cut and whose are not unless you are under a bona fide contract that specifically says otherwise.

    4.) There could be any number of reasons for this, and frankly the answers are not any of anyone's business but hers and her managers. ADA and FMLA issues are possiblities that come to mind. They do not need to defend their decisions unless you have a valid and supportable reason to believe that they are using discriminatory factors (age, gender, race etc.) to decide who is cut and who isn't.

    5.) No.
    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
      .) There could be any number of reasons for this, and frankly the answers are not any of anyone's business but hers and her managers. ADA and FMLA issues are possiblities that come to mind. They do not need to defend their decisions unless you have a valid and supportable reason to believe that they are using discriminatory factors (age, gender, race etc.) to decide who is cut and who isn't.

      I know why she is out on leave. She is studying for her bar. SHe has failed the exam 3 times, and she is limited in what she can do at our agencu without this status.

      In addition, we are obligated , under previous management, to sponsor her , as she is working under certain visa requirements. She is not a citizen and her right to work is determined by the status of this visa. If we lay her off, it will affect her visa status.

      Comment


      • #4
        Originally posted by denibeans63 View Post
        1) can an employer pick and choose who is cut and who is not. We were told it is because 2 of the exempt employees are covered by grants, 1 is "too busy" and the one non-exempt, receptionist, is too hard to replace (having others answer phones takes away from their reduced hours)
        Pretty much, barring reasons prohibited by law, the employer CAN pick and choose. I would pick my best and lose the rest.

        Originally posted by denibeans63 View Post
        2) are we eligible to apply for unemployment benefits..I rmember hearing one time that in the case of partial layoff an employer had to write a letter to state DOL to have an exemtopn made???
        Generally speaking, unless you are let go for misconduct, you will be eligible for unemployment benefits.

        Originally posted by denibeans63 View Post
        3) Does seniority come into play (we are not union), in the case of another non-exempt wondering why she can't answer phones in place of the receptionist..a veteran employee of 13 years, vs a new hire of 1 year...
        There is no requirement (thank Heaven!) for an employer to make lay off decisions on the basis of seniority, unless there is a contract or CBA that requires it.

        Originally posted by denibeans63 View Post
        4) one of te people who is NOT affected is currently on a personal unpaid (using vacation) leave of absence. She returns in early march. If her job is indeed convered by grants and they need her, why has she been allowed to take a 5 week LOA?
        If the person is using vacation, it is paid. Even if she is on an unpaid leave of absence, it could be because of a federally protected absence such as family medical leave. Either way, it is really none of your business, unless you feel she was kept on and you let go because of some discriminatory reason.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

        Comment


        • #5
          The employer does not need to defend their decision to you. If they feel that in the long run they need to keep the person who is currently on vacation, that is their right. Unless you have a valid and supportable reason to believe that she is being retained and you cut SOLELy because of a reason protected by law, it's none of your business why they make the decisions they do.
          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

          The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
          Working...
          X