If I worked at a job for 10 years and the company shuts down without giving notice or monies owed for vacation, can I sue?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I worked at a job for 10 years and the company shuts down without giving notice or monies owed for vacation, can I sue?
Asked on January 3, 2012 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, a company does NOT need to provide notice of shutting down, except to the extent it may be covered by the WARN Act: only employers with over 100 employees are covered, and they must provide notice only if the location(s) being closed have 50 or more employees. (For these purposes, only count full time staff.) Unless covered by the WARN Act or a union contract, no notice is required. (If covered by WARN Act, 60 days notice is owed.)
As for vacation days: while the law varies by state, the most common rule is that if the employer would have paid out the days when an employee resigned or was fired, it must pay them out on a closure or mass layoff, but not otherwise. If you would be entitled to the days, you could try suing; but if the business was an LLC or corporation and has been shut down, there may be no assets or income to recover the money from.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.