How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lucy, Esq. Your Own Question

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19517
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Type Your Criminal Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

If you declare that you were laid-off when completing the unemployment

Customer Question

If you declare that you were laid-off when completing the unemployment insurance claim, but you're employer says you were discharged, what are the consequences?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today.

If the employer states that a person was discharged for cause, then the employee may not be eligible for unemployment insurance compensation. If the employee has already been receiving benefits while the state decided whether to allow the claim, he may be ordered to repay them. If the person was terminated without cause, a difference in semantics between "laid off" and "discharged" shouldn't be the determining factor in whether unemployment is allowed.

Also, if an employer contests unemployment and the state rules in their favor, the employee can usually appeal and seek a hearing on the reason that the employment ended.

If you have any questions at all about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for helping you today. Thank you.
Customer: replied 1 year ago.


So this does not constitute misrepresentation or fraud?

Expert:  Lucy, Esq. replied 1 year ago.

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.

Customer: replied 1 year ago.


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.

Expert:  Lucy, Esq. replied 1 year ago.
That doesn't sound like it would rise to the level of fraud. Fraud requires specific intent.
Customer: replied 1 year ago.


So, I don't really have to much to worry about?

Expert:  Lucy, Esq. replied 1 year ago.
If you got payments that the state is saying that you shouldn't have received, you may have to repay them. But it doesn't sound as if you would be prosecuted for fraud, based on what you've said.
Customer: replied 1 year ago.


Thanks. So far I received $413 and have an interview next week to determine whether I would be eligible for further benefits.

Expert:  Lucy, Esq. replied 1 year ago.
You're welcome. Good luck with the hearing.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19517
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 5 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

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.

Expert:  Lucy, Esq. replied 1 year ago.
Wages in lieu of notice require either an employment agreement or a company policy of providing them. If there is no established, stated company policy or an employment agreement that requires notice, that money would be considered severance, which does not affect unemployment eligibility. The amount given also would have to be equal to your actual wages for the pre-determined notice period (such as two weeks salary).

If you have a contract that guarantees you a certain amount of notice, and they let you go with no notice but that exact amount of pay, yes, that money probably would be considered wages in lieu of notice. Otherwise, they don't meet the requirements for making that claim.
Customer: replied 1 year ago.

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.

Expert:  Lucy, Esq. replied 1 year ago.
If the agreement was signed at the time of termination, and it says severance, that is not the same as wages in lieu of notice. It's only wages in lieu of notice if there is an established policy or contract that guaranteed you four weeks notice prior to termination, and they let you go with no notice.
Customer: replied 1 year ago.

The document uses the term separation as opposed to severance. Does that matter?

Expert:  Lucy, Esq. replied 1 year ago.
It only matters in that they've created a situation that potentially could have been avoided if they'd used either "severance" or "wages in lieu of notice." But a judge would look at all of the facts to determine what the payment really was, using the standard that I described above. If a payment really is severance, calling it wages in lieu of notice doesn't neessarily change what it is.
Customer: replied 1 year ago.

Is an email from the employer stating that it is severance as opposed to wages in lieu of notice sufficient proof?

Expert:  Lucy, Esq. replied 1 year ago.
Yes. A person's statement can be used against him in court.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.