A question for DU legal eagles regarding furlough.

[3catwoman3]

I have just been furloughed/laid off, for a minimum of 6 weeks, from my part-time (2 days a week) job as a pediatric nurse practitioner, with a practice I have worked for almost 24 years. There are 9 physicians in the practice, 8 of whom are partners. I am not - partnership is generally not offered to NPs. The one pediatrician who is not a partner is not because she, like me, works 2 days a week. She is also laid off, same proposed time frame.

I got a text from her this morning, asking if I had gotten any paperwork to sign, to make the furlough "official." I haven't.

I am not sure what making it "official" means. Perhaps it is just to prove to that I am entitled to file for unemployment, which I have already done. Perhaps something more ominous.

7 years ago, my practice formed a consortium with several others, to avoid being bought out by a hospital corporation. Everything became very formal in terms of contacts, yearly evaluations, PTO, etc. Lots of legal language in the employee handbook. No surprise that it all sounds designed to protect the consortium more so than the employees.

A huge irony here, if you will, is that I am required to give 18 months notice of intent to retire, which I did at the end of February. I was told, in person, at the end of the workday on Friday, 3/20, that I need not come in last week. Then, on Thursday, 3/26, I was informed, in a phone call with the managing partner and the CEO of the consortium, about the additional 6 weeks that begin today.

There is a provision in my contract that I am supposed to be given 120 days notice if my employer wishes to eliminate my job.

I am wondering if I need to consult an attorney before signing anything that makes the furlough "official."

[empedocles]

1. Suggest you try and consult with someone who knows the inside of these kind of practices.

[Longtime friend called yesterday, quite concerned, for my counsel about his contract to buy a house under construction. He has 10g down payment and the contract to deal with. My advice to him was similar to what I'm suggesting to you. Not to look to the attorney who drew up your Will and Trust agreements. Talk to someone who knows builder contracts and the soft spots on the builder side].

[HarlanPepper]

2. Get advice from a professional

The explosion in the number of amateur infectious disease specialists and statisticians posting here is a good clue it’s a lousy place to go for substantive counsel on serious matters. Avoid the pseudo experts. Stick to the pros.

[cwydro]

5. Lol!

Well said!

[Laelth]

3. First off, consult a local attorney who handles employment law.

Contracts and employment issues are almost exclusively governed by state law, and the laws vary by state.

My gut tells me that you are looking for what we call a “Notice of Separation.” This is a letter from your employer officially informing you that you have been laid off. If your entitlement to unemployment benefits is questioned by your employer, you will need that as proof of your “laid off” status. Either way, I would want some writing from the employer (and there’s no need for you to sign it—I want their signature on it) stating that you have been laid off and explaining why you have been laid off.

Otherwise, I think you are on the right track. Don’t sign anything unless you know the legal effects of whatever you sign.

Good luck!

-Laelth

[sarcasmo]

4. Attorney

[democrattotheend]

6. I'm a New York employment attorney

This is not formal legal advice, but when you get the paperwork, review it carefully and see if it modifies anything in your original contract. PM me if you want to discuss further once you get the paperwork.

[3catwoman3]

7. Thank you for that offer. I live in Illinois, so that may...

...be a hindrance to specific advice, but I sure will keep you in mind for some general guidance.

[Wounded Bear]

8. Certainly seems counter-intuitive that you'd be furloughed now...

Just sayin'

[3catwoman3]

9. I work (or have worked) in a private pediatric office...

...and patient visits are down right now because the CDC recommendations are to keep as many mildly ill patients OUT of the office as possible to avoid exposure risks o employees and other patients. We have 3 office locations. 2 of them are doing well only visits, and the one tha is doing sick appointments is doing a lot of telemedicine.

For reasons not clear to me, I am not allowed to do telemedicine visits, which is actually fine with me, as I don’t see how you can accurately diagnose something that you cannot see, touch, or listen to. My colleagues who are still working are going out to the parking lot to get flu and strep swabs while kids stay in the car with their parents

I’m about to be 69, and take meds for A fib. Retirement is sounding better and better, albeit a year earlier than I was planning. I’m going to give it a few weeks.

[Amishman]

10. depends on if the area is being impacted significantly by Covid-19 yet

I've read anecdotes that the hypochondriacs and others who regularly seek medical care for minor matters are staying home for fear of catching coronavirus from the doctor office or hospital.

[3catwoman3]

11. Greater Chicago area, so definitely affected.

People have questions we cannot answer and want reassurances that we cannot give.