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Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 5209
Experience:  Licensed to practice before state and federal court
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My husband is a contract employee for Regeneron

Customer Question

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.
JA: Was this discussed with a manager, HR, or an attorney?
Customer: No...He has applied for full time work on several occasions. We do not want to stir the boat, quite yet.
JA: Is the employment "at will," union, full time, or part time?
Customer: The employment is full time, non-union. I don't understand "at will".
JA: Anything else you want the lawyer to know before I connect you?
Customer: He is 64 years of age...has no pension or 401K with this company and has been a very relied upon employee.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Legal Eagle replied 2 months ago.

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?

Expert:  Legal Eagle replied 2 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.