Orange County NC Website
Browse       Search
FY 2025 Special Section 5333 (b ) Warranty <br /> ( 7 ) ( a ) Whenever any employee is laid off or otherwise deprived of employment as a result of <br /> the Project, in accordance with any collective bargaining agreement applicable to his/ her <br /> employment, the employee shall be considered a " dismissed employee " and shall be paid a <br /> monthly dismissal allowance to be determined in accordance with this paragraph . Said <br /> dismissal allowance shall first be paid each dismissed employee on the thirtieth ( 30th ) day <br /> following the day on which the employee is " dismissed " and shall continue during the <br /> protective period , as follow : <br /> Employee ' s length of Service <br /> prior to adverse effect Period of protection <br /> 1 day to 6 years equivalent period <br /> 6 years or more 6 years <br /> The monthly dismissal allowance shall be equivalent to one -twelfth ( 1/ 12th ) of the total <br /> compensation received by the employee in the last twelve ( 12 ) months of his/ her <br /> employment in which the employee performed compensation service more than fifty per <br /> centum of each such month based on the employee ' s normal work schedule to the date on <br /> which the employee was first deprived of employment as a result of the Project . Such <br /> allowance shall be adjusted to reflect subsequent general wage adjustments, including cost <br /> of living adjustments where provided for . <br /> ( 7 ) ( b ) An employee shall be regarded as deprived of employment and entitled to a dismissal <br /> allowance when the position the employee holds is abolished as a result of the Project, or <br /> when the position the employee holds is not abolished but the employee loses that position <br /> as a result of the exercise of seniority rights by an employee whose position is abolished as a <br /> result of the Project or as a result of the exercise of seniority rights by other employees <br /> brought about as a result of the Project, and the employee is unable to obtain another <br /> position , either by the exercise of the employee' s seniority rights, or through the Recipient, <br /> in accordance with subparagraph ( e ) . In the absence of proper notice followed by an <br /> agreement or decision pursuant to paragraph ( 5 ) hereof, no employee who has been <br /> deprived of employment as a result of the Project shall be required to exercise his/ her <br /> seniority rights to secure another position in order to qualify for a dismissal allowance <br /> hereunder . <br /> ( 7 ) ( c) Each employee receiving a dismissal allowance shall keep the Recipient informed as to <br /> his/ her current address and the current name and address of any other person by whom the <br /> employee may be regularly employed , or if the employee is self- employed . <br /> 6 <br /> NCDOT4MD <br /> March 5 , 2024 <br />