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.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

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:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • 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
 
 
 

Questions about ARRA Laws and Regulations

The American Recovery and Reinvestment Act of 2009 (ARRA), enacted by the United States Congress February 2009 and signed into law by President Barack Obama, is an economic stimulus package. Often referred to as The Recovery Act or the Stimulus, the Act came in response to the recession during the late 2000s and aims to protect existing jobs and to create new ones. Temporary relief program were created for those affected by the recession, while objectives to boost the economy included investments in health, education, infrastructure, and ”green energy”. There were doubts among some citizens about this Act in relation to existing employment-related Acts. Below are some of top question on ARRA answered by legal experts.

As I was constructively discharged, I applied for the ARRA premium assistance as well as COBRA. However, my employer has retroactively revoked my eligibility for ARRA, which has affected my COBRA insurance. Is this legal?

Section 3001(a)(3)(C) of the ARRA states that a person who is “involuntarily and indefinitely separated from employment” may receive 65% subsidy of healthcare contributions. However, the courts would refer to the state law to determine facts related to employment separation as “involuntary” termination is not defined under the federal law.

If payments are not made within the stipulated time, Consolidated Omnibus Budget Reconciliation Act (COBRA) permits continuation coverage to be cancelled. You may present a case for “doctrine of mistake” under the contract law, which states that the employer bears risk for mistakes in determining eligibility unless the employee is reasonably aware of the employer’s mistake. In your case, since the employer is in full control of the determination of eligibility, the contract is deemed enforceable if a premium payment is made by the employee and accepted by the employer.

I quit my job and relocated with my husband who was transferred for his job. In Nevada, do I have a claim?

The Unemployment Modernization Act — a component of the ARRA — has model provisions that can be used by states to rewrite laws related to “trailing spouse”, which many states have adopted. However, since it is not mandatory and Nevada has not implemented such a law, your resignation from your job will be seen as voluntary termination and you may not be eligible for any benefits.

Is ”gross misconduct” a disqualifier for benefits under COBRA and ARRA?

Under both ARRA and COBRA, gross misconduct is considered a disqualifier even when such acts are conducted away from workplace. The widely accepted definition for such acts includes gross misconduct in deliberate indifference to the employer’s interests where such conduct is intentional, deliberate, reckless, and wanton.

As termination automatically qualifies an employee for COBRA benefits, the employer must provide recorded proof of the alleged misconduct if there is an intention to bar COBRA continuation rights of the employee. It is incumbent upon the employer to establish gross misconduct as the primary reason for termination. In such a case, the employee must be notified and also given the opportunity to challenge the decision.

Can a terminated employee receiving both COBRA and ARRA benefits do contract work without negatively impacting his eligibility for these subsidies?

The ARRA subsidy sets income limits in cases in which the taxpayer’s adjusted gross income exceeds $145,000, or $290,000 for joint filers, in a tax year during which premium assistance is received. It stipulates that the amount of the premium reduction during that tax year be repaid. Such amount is proportionately reduced for taxpayers with adjusted gross income between $125,000 and $145,000, or $250,000 and $290,000 for joint filers. While premium reduction may be permanently waived, it cannot be obtained later if the adjusted gross income falls below the limits.

What are the restrictions for selling foreign goods to projects receiving ARRA funds?

Under ARRA, certain circumstances prohibit selling foreign products to projects receiving ARRA funds. Section 1605 stipulates that any project receiving ARRA funds for construction, maintenance or repair of public buildings or public work will only use materials and goods are produced in the US. It refers to manufactured goods used directly in construction and does include laboratory or scientific equipment, desks, chairs, etc. Public work is defined as works carried out under the authority, or with funds of, a federal agency. Such work includes streets, subways, airports, railways, dams, bridges, etc., and does not includes works that are not carried out to specifically service the interest of general public.

ARRA was enacted in 2009 in part to help create jobs but also to assist people whose lives have been negatively impacted by the recession. If you have questions regarding fund allocation, provisions under the Act, or individual rights under the ARRA, you may want to ask for clarification from a legal expert.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

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.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent ARRA Questions

  • HI I received a letter a couple days ago about a non compete after opening up my new busi

    HI I received a letter a couple days ago about a non compete after opening up my new business and want to ask some questions...
  • i was employed for twenty one years, i am 62 years old. Last

    i was employed for twenty one years, i am 62 years old. Last year i had two primary cancers uterine and breast continue working through radiation a position came up for restorative nurse monday through friday the director of nursing waved her hand up and down in front of me and said you don't need this it will be too much (mean while i have been working double shifts every weekend ) i don't see how she decided it would be , i was told by other nurses she already promised position to another nurse she posted the job because its policy, i just let it go. about 6 months later position was posted for staffing i applied for position, she call me interview and i was given the job, i was oriented 5 1/2 days, i wasn't shown half the stuff i needed to know, she would find things just about every day to harrassed me about i found myself calling human resources at corporate, they would give me suggestions how to handle her, as the months were going by i had to check over time reports sheets she wanted me to write up cna and not nurses i said something to adon regarding it because one nurse was making twenty hours over time every two weeks; she wasn't ask to come in for extra shifts, the one day i brought the over time report to administrator he had his interm sitting in room and i place paper on his desk and i told him if he look at report he would know where all the over time is going he pick up paper and rip it in front of my face i was so humilitated i just walk out of room i call corporate i also wrote a letter in detail in how these were handling faciity and sent it to corporate and owner. They had a new nurse from corporate to come in and talk to me she said she investigated it and no merrits to my complaint , which i found amusing because the only three people she spoke to was the administrator DON and the intern. I have a lawyer who has been trying to get a modification on my house i spoke to him about sent the letter i sent to corporate and he told he would write a standard letter I was concern because I felt these people couldn't be trusted and this so call investigation took over a month The administrator said he had no recall of that happening, now all the time i have worked for this facility i never had to call corporate and the time she felt i wasn't doing things right i ask for more orientation and wasn't given it. normally i nurse is not working out in these positions they place them back on floor i wasn't given that option I was fired here i was in a whole from both cancers and trying to get my house back on track and I find myself humiliated once again by being walk out of the building this happen in October here it is December and no job yet of course it took me three weeks to get over the fact i work for them twenty one years
  • I have a telephone hearing set for tomorrow AM with a judge

    I have a telephone hearing set for tomorrow AM with a judge who will be hearing my case regarding an appeal I made after I was denied benefits for unemployment. Basically I was fired from Scottsdale Healthcare Shea hospital after being a dedicated, honest and well reputable employee for this company for 7+ years. I appealed my dismissal and after it taking a month to determine if I won my appeal I was notified my termination was withheld but they did make the decision for me to be eligible for rehire. Originally, I wasn't eligible for rehire as any terminated employee was not elig for rehire per policy. I had worked for Scottsdale Healthcare Osborn for 5 years and was never placed on any corrective action or disciplinary actions in all 5 years there but when I chose to take a promotion at our other hospital in Dec 2012, I was placed on corrective action and remained on it for almost a total of 2 years. Never receiving any of my raises I was given following 2 annual reviews either. I was on corrective action for tardies. These tardies keep in mind were 5 minutes and under. Regardless, I know 1 min is tardy and I did everything in my power to correct these. I was placed on a formal in January 2014. I was told my supervisor he would life this if I was in good standing come July. July came around and he reached out to HR letting them know he feels I am due to release from correction action as my actions had improved. They denied his request stating they would like to keep this in effect until 1 year... So 2 months from it being 1 year, I violated a company rule which led to my termination. I was let go for "misuse of company time" after I had a severely rough morning with my 4 year old child.. She attends the preschool ON CAMPUS at the hospital... This particular morning there was situation that happened at home that caused her to be extremely upset and totally bent out of shape. The entire drive to work 35 minutes, she cried hysterically, begging me to stay home from school today... I explained this was not an option and she had to calm down prior to arriving. She was unable to and the best thing that came to mind was telling her that I would let her ride with me via our campus shuttle to school today.. I had arrived to my office with her and clocked in before calling the campus shuttle to pick us up. We rode together via shuttle over to her preschool that was located at the opposite end of our campus but never left campus grounds keep in mind. I dropped her and drove immediately back with the shuttle driver. I never ate breakfast this day, not even lunch due to the 10 min I was gone before starting to begin my day..... I had prior discussions with my supervisor on the occasion I would pick up my daughter from the same preschool and bring her back to eat lunch together before bringing her back via shuttle before my lunch break would end. These past discussions with him he told me I wouldn't have to clock out because it was on campus and we weren't eating off campus. I at no point even thought I was violating any policy. I worked with this company long enough to know what violations would be grounds for termination. Oh and I would like to add that just a month prior to being terminated I was honored the highest productivity in the entire department. I was the top employee for over a year in productivity. He also made note in this review that I was receiving the highest point avg. that he'd ever given any other employee who had been on corrective action at the time of review. He noted that I had improved my tardy's and that I was an exceptional employee. Well I was let go after they were informed that I had got to work with my child on this day and left to drop her at preschool which violated the policy-"misuse of company time" They totally disregarded my personal situation and what I thought was best for my daughters emotional state. I have gone through hell and back with the hospital after my termination to find out the actual reason I was let go. I was told it was for attendance and my prior tardiness that was the final reason but my dismissal paperwork all stated "misuse of company time." My last discussion with HR director after I called to ask him if I was fired for any kind or sort of misconduct, letting him know I received a denial for unemployment benefits. He responded, "no, not at all any kind of misconduct. You were let go for violation of a company rule. And sometimes unemployment will make exceptions for attendance related issues." We hung up and I was still left confused, was it for attendance or leaving work to drop off daughter?" So, I emailed the SR HR rep and asked flat out. They responded I was let go for "misuse of company time" and that I had prior warnings of attendance. Basically, all I want to know is if I have any chance on winning this appeal and if you can provide any help with preparing for this hearing.
< Last | Next >
View More Employment Law Questions