GNYADA April 2019 Newlsetter

12 I’m Quitting – Leave Now

employee to give advance notice of the resignation (e.g., two weeks or more) as a courtesy. If the employee does not work and is not paid during the notice period, the Department of Labor (DOL) may find that the employee was terminated, which means they will be entitled to unem- ployment! In these situations, the DOL has ruled that unemployment benefits are not limited to only the notice time period. Termination If an employee is terminated, they will usually qualify for unemploy- ment benefits, unless the termination was for misconduct. Misconduct includes serious transgressions such as theft, violence, on-the-job drug use, job abandonment, or violation of

company policy rules, to name a few. Misconduct does not include perform- ance-related terminations or tradition- al layoffs. Resignation If an employee voluntarily leaves the dealership, they will not usually qual- ify for unemployment insurance bene- fits. Before risking turning a resignation into a termination, dealers should consider how this may impact their obligation to provide unemployment insurance coverage. There are times when it is important to have an employee leave the premises immedi- ately after giving notice. Steps to take when an employee gives notice

Requiring an employee to leave immediately, may convert a resigna- tion into a termination. When an employee gives two weeks’ notice and the dealership asks them to leave immediately . . .what happens? Dealers must be careful about treating a resignation as a termination for the purposes of unemployment eligibility. It is customary for a resigning

As GNYADA Field Reps, Len Telvi and Aaron Brown, vis- ited dealerships this month, they were asked if a dealer may deduct from an employee’s wages to cover property or equipment damage caused by the employee. For example, if an employee damages a vehicle due to their own irre- sponsible act, such as speeding. The answer is: No. Deductions cannot be made from a worker’s wages unless it is required by law, such as child support payments; or unless the employee has expressly authorized a deduction to cover services like health clubs or daycare centers. According to the New York State Department of Labor’s website: “… if an employee takes or damages property belonging to the employer, the employer may not recoup the value of that property by withholding all or a portion of that employee's wages. The employer, like any other party aggrieved by the negligent or criminal behavior of another, must pursue whatever remedies are available [under the] law. He may not simply confiscate wages due to his employee without a court order permitting him to do so.” Can Wages Be Withheld to Cover Losses? Questions from the Field

NEW FEATURE!

GNYADA Membership Services: GNYADA’s Field Services team keeps dealers aware of current and pending issues. They assist dealers daily, keeping them updated with the information they need to run their businesses. This personal contact helps ensure our programs are relevant to dealers and their employees. During visits, members stock up on labor, service and shop posters. DMV forms, seminar registra- tion materials, and other useful items are available through the field team. Representatives may also complete a walk-through of the dealership, inspecting each area for potential EPA, OSHA, and Privacy Act violations as well as proper signage. If you would like to schedule an appointment with our Field Services team, please call the Association at 718.746.5900.

8 Greater New York Automobile Dealers Association • www.gnyada.com The Newsletter • April 2019

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