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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19864
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was off after almost 22 years off employment from Land Air

Customer Question

I was laid off after almost 22 years off employment from Land Air Express of NE .. They didn't comply with DOT and were shut down for a bit causing them to downsize considerably. I worked until 1/7/16 (the day we were told to sign up for unemployment as they couldn't make payroll). I earned my vacation time the prior year - they won't pay - stating they can change the "employee handbook" whenever they want - however, we haven't seen a handbook in YEARS.
Also, I've been paying for life insurance for many many many years.. from $20/week to $11/week.. but I want to cash it in but no one has ever issued a policy. No statements. And the HR person will not respond, nor will the benefit admins. I need the name of the insurance company, policy number, etc, so I can cash it in. What do I do?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 10 months ago.

Hello,

Thank you for the information and you question. In NH, if an employer offers paid vacation, then any unused accrued leave is considered part of wages due upon termination of the employment relationship. In addition, the employer must always provide a written notice of the policies in regards ***** ***** The relevant statutes are: NH Rev. Stat. Sec. 275:43 and NH Rev. Stat. Sec. 275:49

You can either file a wage claim with the NH DOL, which you can find here: http://www.nh.gov/labor/forms/wage-claim.htm or file suit in small claims court.

As for the insurance issue, if your employer will not provide the information you need, you can file a complaint with the Employee Benefits Security Administration, which is the division of the U.S. DOL that enforces ERISA, the Federal law that governs these types of employee benefits. The other option would be to file suit, but that would be expensive.

Please let me know if you need any clarification. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 10 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 23nd. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.