Legal Question in Employment Law in New York

Layoff and Benefit Qualifications

I am being laid off effective 6/30. My employer asked me if I would consider staying on at a reduced salary (30% cut in salary) until I got a new job. At first they said they would change my title (2 grade level demotion). Today they said I could keep my current title but they would still be decreasing my salary by $23,000. My question is : What affect does the offer have and my acceptance or rejection of it on a. Cobra benefits and Unemployment benefits?


Asked on 3/07/07, 7:50 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Layoff and Benefit Qualifications

If you are not receiving health benefits with your new position you are still entitled to COBRA, however since you would be gainfully employed you would not be entitled to unemployment benefits.

Should you like to discuss this or any other legal matter you can e-mail me for more information about low cost face-to-face, on-line or a telephone consultation with a lawyer in our office.

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Answered on 3/22/07, 5:26 am
Jason Stern Law Offices of Jason Stern

Re: Layoff and Benefit Qualifications

Before you consider the offer, I think it would behoove you to speak with an attorney and find out if the circumstances surrounding your layoff are legal and whether you might best be served by negotiating a severance package, rather than a demotion.

Please feel free to contact me by email if you need further guidance. Good luck!

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Answered on 3/22/07, 5:22 pm


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