Unfortunately, employees are considered unsecured creditors and can be paid only after a potentially long list of secured creditors receive their money. The odds of collecting owed wages depend on the amount of assets the company lists in the bankruptcy filing and the amount of its debts. However, it may not be easy to find a lawyer willing to track down a few hundred or thousand dollars in lost pay. Some companies will match part or all of their employees' contributions. Even if a company declares bankruptcy and has no assets, this money should be safe and in a protected trust, handled by either a bank or an individual.
Many women continue their jobs until their ninth month of pregnancy and then take paid leave.
States pay a portion of the woman's salary during leave under temporary disability laws, and many companies make up the difference, resulting in a full paycheck for new mothers. But if the woman is laid off, not only is the company unlikely to subsidize her leave, but the state will not make disability payments because she is no longer employed. Then, Stillman said, the woman's only option is to file for unemployment benefits, which would usually amount to considerably less than her subsidized maternity leave. The Employee Rights Advocate offers links to information about unemployment and disability benefits, as well as to the Labor Department's offices in each state. The American Civil Liberties Union, Workplace Rights includes links to book titles and other resources to help you understand your rights on the job.