Excerpt for HELP! My Company's Going Out of Business, What Do I Do Now? by Jean Tobin, available in its entirety at Smashwords



Jean Tobin Zawlocki

(734) 340-5078

47728 Scenic Court

Canton, MI 48188

jmzawlocki@yahoo.com




HELP! My Company’s Going Out of Business, What Do I Do Now?


A Guide for Employers, Current Employees, and Unemployed

By Jean Tobin



















ACKNOWLEDGMENT


I really appreciate all the assistance received in a very late notice, less than 8 hours. These individuals rose to the occasion to edit a chapter so that this book would be more clear and understandable for all who read this book, for that I salute them.


I especially acknowledge Jan Strube for taking time out to edit two chapters while working on her own project for her late husband’s endowment fund.


I also acknowledge Karen Miskowski for sitting with me till 1:00 a.m. editing a chapter.


I also acknowledge Dave Bunch for editing and went along with the program of doing three chapters, for that I very much appreciate.


I am very appreciative of Marilyn Bak who let me do sweat equity so that she could edit while in the midst of a move.


I acknowledge Judy Stephens who had visitors out of town and a doctor’s visit and helped anyway.






FOREWORD


Realizing the large number of companies going out of business and having experienced the process on several occasions, I was dismayed at the economic impact on people’s lives. I never seriously entertained the thought of writing a book until I lost my job a second time. It was then I decided to share reactions of what other people have done when they’ve been in a worst case employment scenario.


This is a collection of stories from nonprofit, manufacturing, service, social services, and other industries. Examples have been taken from employees. Written as a cautionary tale or maybe I should say “precautionary” tale; I hope this book will provide a better understanding of the possible devastating impact on your finances when working for an insolvent employer.


As part of the book, federal and state (Michigan) laws were included. All the information and laws were current and the author is not responsible for any unintentional misinformation or changes in law. Also, more than 30 websites have been added. Keep in mind, all stories within are worst case scenarios.


Additional information on the latest laws has been added. Also, to aid you in your research beyond the book, more than 30 websites are listed, so that you have the latest information. With that being said, I hope you enjoy the stories and learning about bankruptcy from a former employee’s perspective. Good Luck in your future endeavors!
















TABLE OF CONTENTS


CHAPTER I


INTRODUCTION

Signs of Going out of Business

WARN Act

Beginnings of WARN Act

Company Bankruptcy – Worst Case Scenarios Beta Corporation

Outside Vendor asking for their Money

Corporation Bankruptcy - Safety Products

Organization Bankruptcy



CHAPTER II


CORPORATE BANKRUPTCY

www.uscourts.gov

www.turnaround.org

www.abcworld.org

Chapter 7, Chapter 11,

Chapter 11

Discount Retailer Bankruptcy

Chapter 11 Bankruptcy Statute

Liens

Restructuring Debt

Quick Thinking & Restructuring Bankruptcy

Chapter 7 – Hostile Takeover Scenario

Chapter 11 Bankruptcy - Severance Package

Company Reorganization Definitions

Bankruptcy Reorganizing

Quick Thinking Restructure

Going Concern

Filing for Bankruptcy

Bankruptcy - Intellectual Property Scenario

IRS, Taxes, Intellectual Property

Bankruptcy Meeting Scenario




CHAPTER III


PERSONAL BANKRUPTCY SUGGESTIONS

Personal Bankruptcy - Mortgage Problems

Proactive Foreclosure Steps

In Lieu of Foreclosure - Loan Modification Process

In Lieu of Foreclosure - Types of Mortgage Renegotiation

Foreclosure

Foreclosure Options

Last Resort -Home Equity Loan

Mortgage Servicer

Short Sale



CHAPTER IV


PERSONNEL FILE

Bullard-Plawecki - Employee Right to Know Act

Obtaining Personnel File

Medical Information

Job Descriptions

Accomplishments

Employee Handbook

Letterhead

References

Letters of Recommendation

Letterhead

List of Employee’s Names/Additional Benefits

Free Education - Trade Adjustment Assistance Act

www.doleta.gov/tradeact

Education – Pell Grant

www.FAFSA.gov

Employment Connections

Networking

Business Cards

www.vistaprint.com

Job Title



CHAPTER V


MEDICAL ISSUES

C.O.B.R.A.

www.dol.gov/COBRA

Medical Insurance

Alternative Medical Insurance

www.goldenrule.com

Conversion Policy

Children’s Health Insurance Program

Medical Insurance – Worst Case Scenario

Behind on Medical Insurance Premiums

Partially Funded health Insurance – Corporate Insolvency

Flexible Spending Account

Eligibility

Flexible Spending Account Expenses

Reimbursement Claims Timeframe

Flexible Spending Account - Payroll Deduction

Flexible Spending Account – Prorated Deductions

Health Savings Account

Low Cost Medications

www.myrxadvocate.com

www.access2wellness.com

www.nami.org

www.aafp.org

www.rxassist.org

www.needymeds.com.

The American Recovery and Reinvestment Act of 2009

HIPAA (Health Insurance Portability Accountability Act

HIPAA – Three Rules regarding Privacy

HIPAA Security Standards



Chapter VI


RETIREMENT

401(k)

Annual Contribution Limits

Employer Contribution

401(k) Deposit Submission

Delay of 401(k) Account Submission

401(k) Administrative/Maintenance Fees

Other 401(k) Fees

401(k) Compliance

Slow to arrive 401(k) Funds

Employer Financial Planning Seminar

www.finra.org

Worse Case Company Scenario

Best Financial Planner

Choosing a Financial Advisor

Pension Shortfall

Pension Benefit Guaranty Corporation

Company Scenario

Financial Planner

www.dol.gov

Roth 401(k)



Chapter VII


SAFETY

Material Safety Data Sheets (MSDS SHEETS)

Protective Personal Equipment

Material Safety Data Sheets Product Information

Hazardous Material Labeling

Hazardous Materials Information System

Environmental Medicine Doctors

Injury Report Form

Injuries on the Job

OSHA 300 Log Information

www.cdc.gov

www.epa.gov

www.niosh.gov.



CHAPTER VIII

COMPENSATION

Payroll Checks

Unemployment Checks

Non Payment of Unemployment Compensation

Severance Package – Worst Case Scenario

Lump Sum Payment

Money Market Account

www.demandnotes.com


CHAPTER IX


COMPANY CREDIT CARD

Company Credit Card - Worst Case Scenario

Credit Card History - Remedy

Personal Credit Card Issues

Personal Credit Card

Collections

Fair Credit Reporting Act

Nonprofit Credit Counseling

Leasing

Cell Phones

Accessing IRA Funds

Choosing a Financial Advisor





CHAPTER X


SOCIAL SERVICES

Home Heating Credit

The Heat and Warmth Fund - T.H.A.W.

Michigan Property Tax Credit

Money Market Account

Severance Package

Severance Package – Worst Case Scenario

Lump sum Payment

Next Step


CHAPTER XI

STRESS / FEELINGS / SPIRITUALITY

Emotions/Stress

Gut Feelings

Introspective Exercises while looking for Employment


SUMMARY

Websites


Bibliography















INTRODUCTION


I truly have had the wonderful experience of working in Human Resources. I love law and acting as an advocate for employees and for the organization. In my role, I realized that some organizations may not know how to best serve their employee and be solvent. This can have a less than positive effect on the employee as well as the organization. The organization is only as good as the senior management team in guiding their employees and to be fair, leaders may not being given accurate information from their employees. It can be just like the story of the emperor who wasn’t wearing any clothes. Employees are afraid to tell their leader the reality of the organization’s shortcomings. Senior management sheltered from criticism never have an accurate picture of the business.



This book is a proactive approach of what to do when your employer is going under financially. The information in this book has been gathered by talking to people who have had first-hand experience and research. Personal stories in this book show worst case scenarios and their problems. It also, illustrates how employees can receive stealth expenses up to a year after company closure. This book gives a proactive approach on how to deal with the issues. State and federal laws have been added so that you get an understanding of the law. Having an understanding provides the opportunity of making better decisions. Knowing what to do may not be enough to prevent the worst case scenario but it will provide a practical foundation to avert trouble.




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