Laid off and in Chapter 13

[mountanddo]

I was given notice with 17 other people that we will be laid off as of 12/31. Will the bankruptcy court allow me to continue with my Chapter 13 even though I am on unemployment? My payment is $100/month and I'll be getting about $1,200/month from unemployment. This is if I don't find a job before then which the way things are looking job are few and far to come by.

What really irks me is that this company called me a year ago when I was working another temp job and hired me two weeks before they laid off 23 people. I had previously left because they weren't hiring at the time and I was working there temporary.

I pray that as long as I pay the monthly payment that they won't care that I'm currently unemployed. I am one year in with two to go.

[AngelinaCat]

I am so sorry to read this news--especially at this time of year. I well remember your previous posts about your temp jobs and history with this agency.

I am not a CH13 person, but I would think that you *could* continue making your payment, though at some point you will need to let the court know of your change in status. This will be especially true if you are unable to secure a new job.

Good wishes to you.

[angel7821]

How much extra money will you have to live on every month? With only 2 yrs to go in your plan you have 2400 left to pay. Put any extra money away to save up towards that 2400 and that way if you can save that amount you can still get through your plan. That is what I did and if I lost my job tomorrow I have all the money I need to finish my plan. It makes me feel better having that money tucked away and I do not touch it for any reason whatsoever. Good luck to you and sorry to hear about your job loss. What a rotten time of year to get laid off. I hope you can find a new and better job soon.

[mountanddo]

I should be able to manage the $100 on my unemployment. I moved recently and reduced my living expenses by about $450.

The only reason why they gave us notice because last time they did a mass layoff they got caught having to pay people in lieu of notice, about 4 weeks pay each. The HR person told me it was because they got feedback that people want as much notice as possible. Um, yeah.

What really sucks is that we all have to work during the holiday season and are required to go to the holiday party or we don't get paid for it. Not to mention that some of the employees were seen high fiving other employees and commenting that maybe they will get promotions now. I'd rather they just would of let us go that day extra pay or not.

[keepsmiling]

Aw MD sorry to hear.
Said it before, saying it again... recovery my behind.

[lillymarlene]

mountanddo, Sorry to hear of you being laid off. But I don't see why you couldn't continue with your ch 13 if you can keep up with the payments. My ch 13 is one of the smaller ones too, being around $200/mo. I'm also self-employed and my income varies from month to month, so I have to be very careful. First thing I do is put that $200 aside before anything else and I pinch pennies so tightly it's a wonder I don't have scars on my hands.

[pamkev]

I'm so sorry to hear your news. I agree with keep smiling recovering for maybe a chosen few.

[mountanddo]

Okay, I need the advice of my friends here at BF.

One of the employees on my team gave her two week notice. After begging her to stay and offering everything from the ability to pick her own supervisor to working part time she turned them down. I get called into my managers office the same day and they told me that an opportunity "just came up" and they are offering me my job back. I'm stunned to say the least. I asked if it was because the other employee quit and they said "absolutely not, we were able to secure additional headcount". Well, I don't believe that but that's beside the point. My thought is that there is some law out there that says that they can't lay someone off and then hire someone else if an opening comes up without offering it to the people they laid off first. Especially if they aren't even gone yet. Does this seem feasible? I can't seem to find any employment law that states that and thought someone could point me in the right direction. I'd like to know what all my rights are and what I might be jepardizing before I accept or decline this offer. This company normally doesn't do things out of the goodness of their heart even though they are a religious organization. I have to believe that there is an underlying reason.

I am in Minnesota and work for an employer that employs more than 100 employees. They are non-profit.

[keepsmiling]

Most companies employ "at will"..... don't know the law but I'd say take the job.
A bird in the hand and all that.
Good luck whatever you decide.

[Pjmax]

I'd say take the job also. Unemployment only lasts so long. You can always keep your eyes open for another job while you're working.

[mountanddo]

I'm leaning towards it but I just didn't want to walk into a situation where I was giving up some of my rights. It's quite odd to be laid off and a week later have my job back. This company has never rehired or moved anyone to a different position that they laid off in the past.

[Pjmax]

What "rights" are you concerned about? Did I miss something?

[mountanddo]

No idea. That's why I'm asking. Maybe there are none.

[Pjmax]

Well I do know, you will have trouble with unemployment compensation if you refuse the new job.

[mountanddo]

Well that's not true because they did tell me that the severance package and separation would be valid even if I didn't accept it.