Does my employer have to continue to pay me if my place of employment is no longer operating?
Although you should always check directly with your employer regarding their specific Disaster Plan, generally speaking if your employer is no longer able to operate they are not obligated to continue your pay.
Is there any kind of unemployment insurance benefits available if I can’t work?
Yes, if you live in one of the 29 declared disaster Texas Coastal Counties Disaster Unemployment Assistance (DUA) is available to individuals who:
worked or were self-employed in or were scheduled to begin work or self-employment
can no longer work or perform services because of physical damage or destruction to the place of employment as a direct result of the disaster
establish that the work or self-employment they can no longer perform was their primary source of income
do not qualify for regular unemployment benefits from any state
cannot perform work or self-employment because of an injury as a direct result of the disaster
who became the breadwinner or major support of a household because of the death of head of household
How do I file for DUA?
Applications for DUA must be filed by October 15, 2008 and you may file by going to www.texasworkforce.org or you may call 1-800-939-6631.
What will I need to file for DUA?
Individuals will need their Social Security number, a copy of their most recent federal income tax forms or check stubs, or documentation to support that they were working or self-employed when the disaster occurred. All documentation must be submitted within 21 days from the day the DUA application is filed.
I lived in an area that had mandatory evacuation and I was asked by my employer to come to work but I can’t even get back to my home. Can I be fired or laid off if I can’t get to work?
It is always advisable to talk with the Human Resource department at your place of employment and find a reasonable compromise, however if you live in a mandatory evacuation area, your employer is prohibited from terminating or in any other way penalizing you for not being able to return to work. If you have specific questions or suspect Employer Discrimination due to the evacuation you may call 1-888-452-4778.
My employer required me to return to work on Monday after the hurricane and I could not get gas to get there. Can they fire me? Will I be docked pay?
If you do not live in a mandatory evacuation area, it is up to your employer. Check with their Human Resource Department regarding their specific policy on Disasters. Most employers are reasonable and understand we are in a very difficult situation, however they are trying to continue to run their business which in the long run provides your employment. Perhaps they can suggest some employees who live near you and there could be some car pool opportunities.
I have young children and the day care is closed so I can’t go to work but my employer still expects me to be there. What do I do?
Talk with your manager and explain your situation and find out what kind of policy your employer has regarding disasters. Perhaps you can work from home for a few days. What is most important is that you communicate with your employer and offer a few alternative solutions. Stay in touch regularly and make sure they know you are trying to get back to work.
If my employer is no longer able to operate do I still have a job?
You should check with your employer regarding the companies plans to re-open and when, however if your employer can’t operate their business they are not obligated to continue your employment.
My employer won’t be able to continue their business so what will happen to my health benefits?
Your employer will be required to offer you Cobra benefits which will require you to pay the monthly premium until you find employment elsewhere that provides health benefits.
My employer has asked me to come to work, however they have no power and my job is sales so I do not get a salary and I don’t expect to sell anything- why should I go? Can I be fired if I don’t go?
It is always my advice to make every effort to help your employer or anyone else for that matter during a crisis. If you are not in a mandatory evacuation area, you can be fired. If you find nothing to do at your place of employment perhaps you might suggest that your company volunteer at the local shelter or POD site in your area. The key is communication with your employer especially if you feel you are needed elsewhere.
I have been unable to contact anyone from my place of employment. What should I do?
If you have already tried cell phone numbers, email or checking your companies web site if they have one, if you can actually drive to the employment site do so. It is the unknown that offers us the most frustration. Clearly if every form of contact has lead you to a dead end, it is likely that the business is not open. Continue to try and reach someone, anyone from your company. It is likely that once your employer can reach you they certainly will. For future reference you might want to find out what the policy is at your company for disasters and if they don’t have one, help them create one so this does not happen again. Communication is key during a crisis.
Doc B