Code of Maine Rules
12 - DEPARTMENT OF LABOR
170 - BUREAU OF LABOR STANDARDS
Chapter 15 - RULES RELATING TO SEVERANCE PAY
Section 170-15-III - Determination of Employee Eligibility

Universal Citation: 12 ME Code Rules ยง 170-15-III

Current through 2024-38, September 18, 2024

A. To be eligible for severance pay for the termination or relocation of a covered establishment, an employee must have worked at the establishment at some time during the 12-month period prior to the date of termination or relocation and must;

1. Not be covered by an express contract providing for severance pay that is equal to or greater than the severance pay under 26 MRSA §625-B;

2. Not have accepted employment at the new location;

3. Have been continuously employed at the establishment for at least three consecutive years under the current ownership;

4. Not have been terminated for cause; or

5. Not have voluntarily quit prior to the date set for cessation of activities in the initial notice by the employer.

B. An otherwise eligible employee that has been disqualified due to a termination for cause may appeal this disqualification to the Bureau. The Department of Labor, Division of Administrative Hearings will make a determination of the validity of a termination for cause under the standards for unemployment compensation set in 26 MRSA §1403, sub-§ 23. The employee must have exhausted all other internal or administrative appeal processes prior to filing such an appeal with the Bureau. A written appeal must be filed with the Bureau no later than 90 days following the termination for cause or 30 days after the date of termination or relocation, whichever is later.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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