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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17028
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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I was given a demotion from Director of Business office to

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I was given a demotion from Director of Business office to Billing coordinator. the salary went to hourly and still remained in place. Title and future raises were frozen. I was on Probation for the 1st time in 30 years of employment when a new CFO Director replaced my previous CFO I reported to. The grounds were use of logins, my prior CFO allowed the use for Elderly program individuals that came and went briefly through the program. He was also the compliance officer and really had the final say. She noted and stated, unacceptable and the probation began. During the probation period there were conflicts with her. None were mentioned at my next violation, however I am sure they contributed. I am a dinasour there. A couple of weeks before my retirement plan was to be offered. Rule 85. 2 issues were sited, both with no back bone of any type of documented follow through in the past 15 years and then suddenly were. I asked for dignity to bowing out, allow me to take early retirement, rather then forcing me to be demoted. THey gave me a letter stating they would not object to any unemployment claims, they would allow the early rule 85 and they would pay out my PTO. They would not however pay out my banked sick.

All started out ok, until the CFO asked for my bible, it's a term I used to keep things organized with my staff and the knowledge of what I have them do.

I responded to her by email stating I need to confess, I had elimated this bible under concern that she would use it to remove some of my staff that were under me.

I received in a certified letter today, they felt I had destroyed employer property and now I am un able to receive unemployment, they did not know if I am eligible for rule 85 anymore either. HELP.......
Submitted: 9 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 9 months ago.
Hello,

Thank you for the information. Can you tell me what your specific legal question is? Also, are you saying that this thing you call the bible was not a recordkeeping item that was required for you to keep? Was it handwritten or in the employer's computer database? Does this Rule 85 clearly state you are eligible to retire and finally are you alleging that the reason why you were being asked to leave in the first place is because of your age? Is your boss and any other worker still there over 40 years of age?
Customer: replied 9 months ago.

Legal question, can they now dispute my unemployment claim and would they be able to?


 


Bible was a source I created for myself, not required. It was typed notes, paper documentation on web site processes that I took screen shots of and then placed my hand written notes as to what each employee does on that sight, how they complete it so incase they were out sick I could assist. It really was a tool to help me know what they did. There are others out there that are over 40 years old.


 


I really just want to keep my unemployment, so I can look for another job without having no income during the search. I am going to hope I had enough hours in to still get the rule 85 retirement, it is from a old frozen plan, small pension of 349.00 a month, need to be employed number of years by age complied to 85

Expert:  Marsha411JD replied 9 months ago.
Hello again and thank you for the additional information and your question. First and foremost is that your employer can't tell you that you can't apply or qualify for unemployment benefits, only the State does that. You can, of course, apply, and they can try to dispute your eligibility, but if they are alleging that you are being let go for "cause," then they will have the burden of proof to show that you intentionally, or through gross negligence, violated a workplace rule, standard, procedure, etc., that they would otherwise terminate an employee for. Unless they can carry that burden of proof, you would be eligible for UI benefits. It might be that you are initially denied benefits based on their initial statement, but upon appeal, they would have to prove what I stated. Not giving them a package or file that you created yourself and was not required by the employer, would not be "cause" or misconduct for termination purposes.

As for the pension benefits, those are governed either by a bargaining agreement, if you are in a union, or ERISA, which is the Federal law that covers employer provided fringe benefits, including pensions. Under the law, the employer must follow their pension plan rules to a tee. In other words, there is no flexibility. You either qualify per the terms or you don't. So, you will want to get a hold of the Summary Plan Description (SPD) for the Plan and read it carefully to see if you qualify. If you have difficulty with the employer and your pension rights, then you have a couple of options. You can file an complaint with the Employee Benefits Security Administration of the U.S. Department of Labor, the agency that enforces ERISA, or you can find a local attorney to file suit for you. I would recommend the first option be tried first, since it is free.

Please let me know if you have any follow up questions, I may have missed some of your concerns. I would be glad to answer them if I can.
Customer: replied 9 months ago.

If I have a written letter from their HR Director stating they would not disallow my claim for benefits in the 1st place. (in writing they would not contest my claim) Can this one elimated bible allow them to revoke previous allowance? that is really my question

Expert:  Marsha411JD replied 9 months ago.
Thank you for your reply. A letter from the company is meaningless when it comes to unemployment benefits. As I mentioned, it is the State and not the employer who decides if the reasons you left employment were qualifying or disqualifying. So, even if the employer did not dispute your eligibility, the State could still deny you benefits. So, the letter is not binding and has no real consequence on whether or not you qualify for UI benefits. That said, if an employer does not show up for an appeal of a denial for benefits by the State, then the hearing officer will approve the claimant for UI benefits. So, in that sense, it does make some difference if the employer fights it or not.

But, as I mentioned, if this file that you created was not mandated, then they do not have "cause" or misconduct that would support them in your UI appeal. They can say whatever they want about that being a deal breaker, but unless this was something you had to have, then the State won't care what the employer says, it wouldn't be misconduct not to hand it over.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17028
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
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Expert:  Marsha411JD replied 9 months ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the legal question I answered for you on the 24th. The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how we get credit (paid from the deposit you left with the Site) for our work) that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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