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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4466
Experience:  Exclusively practice labor and employment law.
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I was off after 8 years with a company in NJ. I am 52 years

Customer Question

Hello, I was laid off after 8 years with a company in NJ. I am 52 years old I was never given written notice of the layoff just a phone call. I also did not receive any cobra benefit instruction. I have requested a layoff letter from two diffrent executives and have yet to receive. I also was told that I would be getting paid only 2 weeks vacation not 4 like my contract states. Do I have a case?
Submitted: 4 months ago.
Category: Employment Law
Expert:  John replied 4 months ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. I'm sorry to hear about your job loss.

To properly answer your question I need some information.

How many employees does this employer have ?

What is anything does your contract state in regard to the employer's ability to lay you off - i.e., does it have to be for cause, and what if any notice must they give you?

What exactly does your contract state regarding vacation pay at termination of employment?

Customer: replied 4 months ago.
At will Employee, Company has less than 20 people. Contract does not state anything about layoff's just that I would receive 4 weeks vacation after 5 years of employment. I also have an email from the new owners of the company that the new vacation policy will only be for new employees. They were supposed to set up one for the Older employees but never did.
Expert:  John replied 4 months ago.

I see. There is no law mandating any amount of time or form of notice of termination absent a mass layoff (i.e. a plant shutdown or layoff of 25 or more people, in which case there may be penalty owed to you and others without compliance). You are entitled to COBRA benefits under NJ state law. Your best bet would be to contact the NJ Dept of Insurance and file a complaint, here :

Likewise, employers are supposed to give employees unemployment form BC-10 (which informs of the right to unemployment compensation) but are only penalized by the government in the amount of $50 for not providing it.

I am of the opinion however that you are owed those two weeks of vacation - you should file a claim with the NJ Dept of Labor for that - you can do that here:

Expert:  John replied 4 months ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Expert:  John replied 4 months ago.

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