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My husband is a contract employee for Regeneron

Customer Question
My husband is a...

My husband is a contract employee for Regeneron Pharmaceuticals. He is an IT employee presently working.The contract is with Mcintyre Agency. He has worked for six years without any benefits. If and when he is let go are there any laws in NYS protecting his rights? for instance.....severance pay...back holiday or sick leave. He believes Regeneron is about to outsource his IT dept. within months.

Lawyer's Assistant: Was this discussed with a manager, HR, or an attorney?

No...He has applied for full time work on several occasions. We do not want to stir the boat, quite yet.

Lawyer's Assistant: Is the employment "at will," union, full time, or part time?

The employment is full time, non-union. I don't understand "at will".

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He is 64 years of age...has no pension or 401K with this company and has been a very relied upon employee.

Submitted: 10 months ago.Category: Employment Law
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Answered in 4 minutes by:
7/29/2017
Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 12,307
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, eligible to practice in front of state and federal court, who is ready to help. I have a nearly 100% satisfaction rating (click here to see my ratings information) so all that means is that you can count on me to help today. The answer to your question is yes. However, it's not super simple. If somebody is considered an employee in the state of New York, they are entitled to certain things like unemployment insurance, workers compensation, but are not necessarily entitled to any kind of health benefits at all. Generally, the state of New York will consider somebody in employee even if they have an agreement that says that they are an independent contractor so long as the facts strongly suggest that the person is an employee. If you click here, you can see what the state of New York says themselves in the fact that they may still require somebody to be considered an employee even if they have an independent contractor agreement. What I would do is take a look at the factors that the state considers and then compare it against your husband situation to determine whether he should be entitled to anything. If this is the case, if he gets laid off, then you can probably request for unemployment insurance in the very least

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

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Employment Lawyer: Legal Eagle, Lawyer replied 10 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further questions or if there is anything else I can assist you with today. Please reply here and let me know. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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