Termination documents

[casseopeia]

I finally got a chance to file for my unemployment today. One of the questions was whether my employer gave me a packet on unemployment. My employer didn’t give me squat. No severance, no COBRA packet, no EDD packet, no termination letter, no recommendation letter and no information for what to do with my 401K. My boss didn’t even get off the phone to say goodbye, see you later, leave your keys at the desk, we’ll be calling you soon. Nothing. I waited for 45 minutes. Nothing. I even sent a nice text message after I got home saying how nice it was to work for him.

As a former employer, it seems to me that a certain amount of material is standard. My small company (17 employees) gave terminated employees a general information package and a letter that contained the information that they would need to file for unemployment and medical benefit options. We also asked for contact information and discussed 401K rollover options. My employer didn’t even have my current address, the one I’ve been at for the last three years.

I’ve got two questions. Isn’t this stuff pretty standard? Why does the unemployment office care if I got a packet from my employer?

"If you are going to walk on thin ice, you might as well dance!"

 

[MikeHalloran]

Most of it is not required. ... except the COBRA packet, which is supposed to be accompanied by a briefing, and I think that's Federal law.



Mike Halloran
Pembroke Pines, FL, USA

 

[MacGyverS2000]

It may be different in each state, but in addition to Mike's comment about the COBRA stuff, I believe they are required to give you the contact information for the state unemployment office. The 401k, references, termination, et. al. are your own problem, but they are usually provided by any company worth its salt.

Dan - Owner

http://www.Hi-TecDesigns.com

 

[MikeHalloran]

Would a company that's worth its salt, dump Cass?




Mike Halloran
Pembroke Pines, FL, USA

 

[Ron]

Mike makes a good point, Cass. Obviously we don't know you and don't know your work ethic, technical capability, etc.; however, most of us gain insight as to the the capabilities and personality of those on Eng-Tips; good, bad or indifferent. You have panache! That's obvious and a tremendous asset to any employer. Assuming you can "hold your own" technically, the personality and "take no prisoners" attitude is something that the forensic field requires....when you find that you don't let go.

We have 5 licensed professional engineers in our forensic practice. We have one engineer who is technically brilliant; but he always second guesses everything, including himself. My task is to keep him on track. I sense that your boss didn't have to do that with you. A huge plus. If my guy weren't so technically adept, I'd probably choke him routinely...his insight is tremendous and I've figured out that he just has to verbalize all sides of the argument to rationalize his position. My point in all this rambling is that your boss didn't recognize the positive attributes you possess and didn't help to develop those to further his practice....his major loss....but not yours. Go kick some ass!

PS....I'm winning the door battle!! Next coat will be brick red! Thanks for your PhotoShop help!

 

[ctopher]

Cass,
That really sucks!
I was laid off from a lousy boss too.

I do believe the COBRA part is a law, maybe the other docs also.

Here is some info:

http://www.sfgate.com/cgi-bin/article.cgi?file=/gate/archive/2001/05/17/layoffs.DTL

http://www.las-elc.org/WARN1.pdf

http://www.laborlawtalk.com/archive/index.php/t-47090.html

http://www.calaborfed.org/PDFS/Resources/WARN_Comparison.pdf

Chris
SolidWorks 09, CATIA V5
ctopher's home
SolidWorks Legion

 

[TheTick]

If they haven't documented your termination, maybe you can keep showing up and drawing a paycheck.

 

[ctopher]

...and move your desk to the basement.

Chris
SolidWorks 09, CATIA V5
ctopher's home
SolidWorks Legion

 

[byrdj]

Sorry to hear Cass.

It was a year ago for me. the payroll personel were kind off shocked at it and I recall talking about COBRA, but no paper work

As for unemployment. Nothing. matter of fact, it took an hour of searching by local unemployment office to find where they had paid it. the founding main office is in NY, now incorperated in Delaware, offices all over, I live in NC, but UEI was paid to Colarodo. I gave up trying to qualify

as for 401K, I contacted the finicial company it was with and rolled over to IRA

 

[TheTick]

COBRA is expensive. I've been through this twice. Instead of COBRA, I picked up major medical (high deductible but 100% coverage after that) through my regular insurance guy. It was about 1/4 the cost of COBRA.

If you stay healthy, it's a good deal. Also,the coverage counts for continuous coverage, so any new medical conditions you acquire before getting another employer insurance plan are still covered.

 

[casseopeia]

'scuse me. I have not received a paycheck. Have you seen my red stapler?

Ron, Thanks for the vote of confidence. I've been doing OK, but some days it really hits me hard. I've been overwhelmed with preparing for my roommate to move in so that's kept me distracted from dwelling too much on the bad side of unemployment. Right now my landlord is probably wishing I'd get a job and stop doing my own destructive testing on his duplex.



"If you are going to walk on thin ice, you might as well dance!"

 

[desnov74]

Cass,
I would send them an email with a formal tone asking for the cobra information as is required, and I would sort of summarize the terms of dismissal. Call their HR and ask for these documents. If they fight the unemployement, then you have something on record for your case.

I just walked out of a job, because of an unethical situation. I filed for unemployment and got it after a fight, I petitioned that I was given compensation. So its not impossible, fight for your rights.

Firms need to stop treating engineers as a disposable commodity, because the entire profession then suffers.

Good Luck

 

[rbulsara]

cass:

While unfortunate, I am sure you would overcome the situation.

While no direct personal experience (one mild experience was 20 yrs ago), I think only thing that unemployment office cares about is the pink slip. They want to know that you were laid off for lack of work and not fired or you did not quit on your own. Other docs should not matter. Even if they do, it may hold against the employer than you.

I know if no obligation on part of the employer beside providing a pink slip. The worst would be if the employer claim that you were 'fired' or you left on your own. I hope that is not the case. But there is nothing stopping them claiming that if you did not get a pink slip.

COBRA docs usually arrives in mail from the insurance company and it is the law for the insurance companies, more than the employers that they need to offer a choice. As all cost of COBRA is born by the insured. Your contribution in 401K etc. is safe and protected by law and all you need to do is contact the company who manages your 401K. It is 'your' account. The employer contribution is subject to their conditions.



Rafiq Bulsara

http://www.srengineersct.com