Legal Question in Employment Law in New York
I am 61. After 27 years of employment with the same company I was laid off. I am eligible for unemployment benefits and will receive small pension from my employer plus 6 months of severance. I have enough personal funds to survive for at least 6 months. without receiving unemployment benefits. I am simply want to take some time off without looking for work and take care of my health (I am partially disabled). Would I be able to apply for unemployment 6 months later after date of actual loss of job?
2 Answers from Attorneys
You should apply for unemployment benefits immediately. You should also speak with an attorney who concentrates on severance negotiations. An employee of your age and tenure should NEVER accept a severance package without reviewing it with experienced counsel. Even if you already signed something, you may still be able to revoke the agreement but you have a very limited amount of time to do so.
If you would like to discuss this matter further, you may reach me at [email protected].
I look forward to assisting you during this difficult transition.
If you are able to work, you should apply for the unemployment benefits immediately. If you wait, you may lose your covered status for unemployment benefits. That is, you may no longer be eligible for benefits.
However, given you age and medical condition, you may be eligible for disability benefits. Every employer in NYS must provide short-term disability benefits equal to 50% of your pay, up to a maximum of $170 per week, but some employers elect to provide greater coverage.
Also, if your employer offers a long-term disability ("LTD") plan, you may be eligible for benefits under that plan. Most employer-sponsored LTD plan allow you to collect benefits for the first 2 years of disability if you are unable to perform your "own occupation." That is, you may be able to work in another job/capacity, but if you cannot do your own job, then you are entitled to benefits. To determine if you are eligible for LTD benefits, you should request from your employer a copy of the Summary Plan Description for its LTD plan. You would need to do this very quickly, because you may need to revoke your acceptance of your severance agreement if you have LTD coverage because most severance agreements waive these claims. However, because most LTD plans are insured by an insurance carrier, many employers are willing to provide the severance without the waiver of the LTD claim.
Finally, you may also be eligible for Social Security disability benefits.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
