Re: furloughed worker, is this legal?

happycat · ‎09-18-2010

My friend works for a small company, she had insurance and vacation thru this company prior to being furloughed about a month ago. Not sure how many people work there. This week they told her she would be able to come back to work next week, but that she will not be eligible for insurance or vacation benefits for 60 days. Its as if she is starting all over.

Does anyone know if this is legal?

Icegoddess · ‎03-19-2010

She would need to consult an atty for that. I'm sure it depends on the laws in whatever state she lives in.

We get a weekly TV program with lawyers and questions and the one thing I know about our state is that you can be fired/not hired for any reason or even no reason at all except for the Federal exceptions. That would be an interesting question to ask in that forum, but I would imagine if she consulted a lawyer in her state that specialized in that kind of law that they would not charge her a fee unless they took on her case. At least in many cases around here that's how it works.

Depending on the number of employees, the small business may not even be required to provide insurance or benefits. So, it might be more like they fired her and then re-hired her on their end of the paperwork. However, that still might be illegal especially if they didn't suspend her insurance during the time she was furloughed, or was it laid off which might be a different can of worms.

waterlily · ‎05-29-2010

I would be grateful I was called back at all in this environment.

willdob3 · ‎11-01-2010

@happycat wrote:
My friend works for a small company, she had insurance and vacation thru this company prior to being furloughed about a month ago. Not sure how many people work there. This week they told her she would be able to come back to work next week, but that she will not be eligible for insurance or vacation benefits for 60 days. Its as if she is starting all over.
Does anyone know if this is legal?

@happycat I did not pay close attention because it did not apply to me but I thought one of the decisions to help people at this time was that they would not lose their health insurance if they lost their jobs because of the current situation. It might only apply to companies that received assistance but I don’t recall.

Regardless, she should not be treated as a new hire. Nothing about that part sounds right.

happycat · ‎09-18-2010

@willdob3 wrote:
@happycat wrote:
My friend works for a small company, she had insurance and vacation thru this company prior to being furloughed about a month ago. Not sure how many people work there. This week they told her she would be able to come back to work next week, but that she will not be eligible for insurance or vacation benefits for 60 days. Its as if she is starting all over.
Does anyone know if this is legal?
@happycat I did not pay close attention because it did not apply to me but I thought one of the decisions to help people at this time was that they would not lose their health insurance if they lost their jobs because of the current situation. It might only apply to companies that received assistance but I don’t recall.

Regardless, she should not be treated as a new hire. Nothing about that part sounds right.

It doesn't sound right to me either. She just told me she isn't going back. I don't blame her. This was her second job, she already had a job when she got this one. I think she will be ok, its just frustrating to me that she and her co workers are being treated like that.

willdob3 · ‎11-01-2010

@happycat wrote:
@willdob3 wrote:
@happycat wrote:
My friend works for a small company, she had insurance and vacation thru this company prior to being furloughed about a month ago. Not sure how many people work there. This week they told her she would be able to come back to work next week, but that she will not be eligible for insurance or vacation benefits for 60 days. Its as if she is starting all over.
Does anyone know if this is legal?
@happycat I did not pay close attention because it did not apply to me but I thought one of the decisions to help people at this time was that they would not lose their health insurance if they lost their jobs because of the current situation. It might only apply to companies that received assistance but I don’t recall.

Regardless, she should not be treated as a new hire. Nothing about that part sounds right.
It doesn't sound right to me either. She just told me she isn't going back. I don't blame her. This was her second job, she already had a job when she got this one. I think she will be ok, its just frustrating to me that she and her co workers are being treated like that.

@happycat I was thinking the same thing; I wouldn’t want to go back. I’m glad it is a second job. I hope she is OK without that income.

ahoymate · ‎05-30-2010

waterliy, yes, but that's a great way for a company to take advantage of the situation. "They should be grateful they have a job & not complain".

Cakers3 · ‎06-17-2015

@happycat wrote:
My friend works for a small company, she had insurance and vacation thru this company prior to being furloughed about a month ago. Not sure how many people work there. This week they told her she would be able to come back to work next week, but that she will not be eligible for insurance or vacation benefits for 60 days. Its as if she is starting all over.
Does anyone know if this is legal?

@happycat What did she do for health insurance while she was furloughed?

This sounds rather odd for a second job. Is this a part-time job?

Nobody here can answer this question-again- she needs guidance from the HR and after that help through her state.

"" Compassion is a verb."-Thich Nhat Hanh

tucsongal · ‎03-10-2010

The advantage of being furloughed vs laid off is that you are still considered to be an employee, so this doesn’t seem right. Whether it’s legal is another matter.

godi · ‎03-09-2010

My sister worked for a retail donation company. They sold the donated goods. While she was working there her heart started to fail. She was in the hospital and the doctor told her she had to have transplant. She could return to work as long as her new meds worked to keep her heart pumping. She contacted her work, three days of being off sick. They told her she would be a new hire and had to pay for her uniform fee again (a shirt) and the fee to to do the paperwork. REALLY? She worked there three years before her heart gave out. She never called off my sister was not a wealthy person and couldn't afford that. She paid it. It was 200 dollars. She could only work six more weeks. Honestly I don't know how she did it. But this big company took her money. If this doesn't tell you your just a cog in a wheel to your employer nothing does.
I am sorry for your friend. Best to move on.