I owned a NJ S corp that was affiliated with the NJ carpenters union through a short form agreement for 12 years. My husband was employed by my firm and holds a union book as a carpenter...he drew a paycheck at union scale from my corporation during those years. In 2009 when the economy took a downwards spiral I was forced to file Chapter 7 due to lack of contracts as well as general contractors filing chapter 7 leaving me with numerous bad debts and many payables for these contractors projects.
my question is my husband immediately signed the union book to seek work through their hiring hall. Eighteen months later not one job has been offered to him. he was not eligible for unemployment benefits and our home was going into foreclosure. He opened a NJ LLC and obtained some work but they are non-union, open shop projects. he could no longer wait for the union to employ him for our life was upside down financially and we facing losing our home.
My question is can the union link my husband through an alter ego clause from MY corporation. He had no interest in my corporation and it was 100% owned by myself, he simply drew a paycheck like any other union carpenter. At this point he is 100% vested in the union and is entitled to a pension at age 55. If he does not remain a union carpenter will he still be entitled to his pension? He has had his book since 1982 and is 100% vested. There is just no union work in NJ and he has a right to earn a living if the union has not offered him work in 18 months. Is NJ not a right to work state? What are his rights and will he face legal troubles form the union because of MY corporation's former relationship with the carpenters union?
The collective bargaining agreement is not set to expire until April 2013.
Please advise me of his rights for we are just starting to dig our way out of a financial nightmare.
Thank you..
my question is my husband immediately signed the union book to seek work through their hiring hall. Eighteen months later not one job has been offered to him. he was not eligible for unemployment benefits and our home was going into foreclosure. He opened a NJ LLC and obtained some work but they are non-union, open shop projects. he could no longer wait for the union to employ him for our life was upside down financially and we facing losing our home.
My question is can the union link my husband through an alter ego clause from MY corporation. He had no interest in my corporation and it was 100% owned by myself, he simply drew a paycheck like any other union carpenter. At this point he is 100% vested in the union and is entitled to a pension at age 55. If he does not remain a union carpenter will he still be entitled to his pension? He has had his book since 1982 and is 100% vested. There is just no union work in NJ and he has a right to earn a living if the union has not offered him work in 18 months. Is NJ not a right to work state? What are his rights and will he face legal troubles form the union because of MY corporation's former relationship with the carpenters union?
The collective bargaining agreement is not set to expire until April 2013.
Please advise me of his rights for we are just starting to dig our way out of a financial nightmare.
Thank you..
