I have been working for 35 years with the same company but have no 401k or retirment funds am I entitled to something?
I have been employed with the same company for 35 years without 401K or Retirement funds now my employer retired and his children taken over I am 62 years old am I entilted to anything.
1 answer | asked Feb 18, 2021 10:40 AM [EST] | applies to New York
Answers (1)
Are you being terminated from your 35-year position by the owner's younger family members?
Is your age or some other protected class to which you belong being considered by the younger family members in making their decision to terminate your employment?
With no written employment contract, no union representation, and no government employer you are probably considered an "at will" employee. If you are fired, you should recover unemployment benefits in New York State while you look for another job.
Employers may not discriminate against you. They may not consider the protected classes to which you belong in their decision to keep or to terminate you. Some of the protected classes to which you may belong, which cannot be considered, are your age, health or the health of others who you might care for, your race, your gender, sex or sexual identity, your marital status, your religion, your disabilities, the disabilities that this employer's family believe you might have, or the disabilities of persons for whom you care or associate with (i.e. caring for elderly family, etc...) or other protected classes to which you might belong.
Vigilant employers, although no law requires it, do offer employees some severance in exchange for those employees signing a general release and waiver, giving up employees' rights to sue their former employers for the above and more.
Were you paid for all of the hours you worked for this employer? Including overtime hours? Even if you were salaried you might be owed unpaid overtime if your employer improperly classified you as exempt when your job duties required that you be paid by the hour plus overtime pay. It's amazing how often that happens even by large corporations to this day.
In those situations you would have up to 6 years to recover unpaid wages or overtime. But once you sign a severance agreement you almost always give up or waive your rights to pursue such claims.
The above are examples of why it often pays to have an employment lawyer discuss these issues with you and review any proposed separation or severance package before you sign it. Good luck.
posted by V Jonas Urba | Feb 18, 2021 11:54 AM [EST]
Is your age or some other protected class to which you belong being considered by the younger family members in making their decision to terminate your employment?
With no written employment contract, no union representation, and no government employer you are probably considered an "at will" employee. If you are fired, you should recover unemployment benefits in New York State while you look for another job.
Employers may not discriminate against you. They may not consider the protected classes to which you belong in their decision to keep or to terminate you. Some of the protected classes to which you may belong, which cannot be considered, are your age, health or the health of others who you might care for, your race, your gender, sex or sexual identity, your marital status, your religion, your disabilities, the disabilities that this employer's family believe you might have, or the disabilities of persons for whom you care or associate with (i.e. caring for elderly family, etc...) or other protected classes to which you might belong.
Vigilant employers, although no law requires it, do offer employees some severance in exchange for those employees signing a general release and waiver, giving up employees' rights to sue their former employers for the above and more.
Were you paid for all of the hours you worked for this employer? Including overtime hours? Even if you were salaried you might be owed unpaid overtime if your employer improperly classified you as exempt when your job duties required that you be paid by the hour plus overtime pay. It's amazing how often that happens even by large corporations to this day.
In those situations you would have up to 6 years to recover unpaid wages or overtime. But once you sign a severance agreement you almost always give up or waive your rights to pursue such claims.
The above are examples of why it often pays to have an employment lawyer discuss these issues with you and review any proposed separation or severance package before you sign it. Good luck.
posted by V Jonas Urba | Feb 18, 2021 11:54 AM [EST]
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