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So this does not constitute misrepresentation or fraud?
It depends. If a person was fired for stealing, assaulting another employee, or other gross misconduct, calling it a lay off would probably be considered to be a misrepresentation. If no reason was given for a termination, unless the person said that the company was doing lay-offs across the board when they weren't, that shouldn't be considered fraud. Fraud requires knowingly making an untrue statement of fact with the intent to receive an economic benefit.
Thanks. My employer said I was discharged, but not due to misconduct. I said on my unemployment claim form that I was laid off. My employer confirmed that I was let go because I was on a performance plan and not a good fit for the role. In addition, I was told by my manager that the role would not be replaced which is why I said I was laid off.
So, I don't really have to much to worry about?
Thanks. So far I received $413 and have an interview next week to determine whether I would be eligible for further benefits.
another problem has occurred. At the end of employment I received a document entitled as separation pay. However, my employer has described it as payment in lieu of notice. The document makes no reference to lieu of notice or notice period. It states that the payment is a gesture to help me in my 'employment transition'. Could this be interpreted as a lieu of notice payment.
Hi. Thanks. Does the fact that I have a signed agreement for severance pay that does not include words to the effect that the payment is for lieu of notice or comments on any company policy. Also, it states that the company has no obligation to provide me with any kind of separation pay. Would that be an indication that payment documented in the agreement is not payment in lieu of notices. I got four weeks pays having worked for them for 11 months.
The document uses the term separation as opposed to severance. Does that matter?
Is an email from the employer stating that it is severance as opposed to wages in lieu of notice sufficient proof?
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