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Recent employment law questions

Law, what are the options a job that will allow you to get

For CA law, what are the options for leaving a job that will allow you to get unemployment? Do you have to technically be laid off or is mutual separation also ok? What is the difference between these? And what else are you eligible for besides unemployment from a financial standpoint?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,268 satisfied customers
Ely, I have been a paralegal years. I worked with a small

Hi Ely, I have been a paralegal for 19 years. I worked with a small firm for 4 years, which was bought out by a huge nationwide firm My billable requirement prior to the buy out was 100 hours per month. The national firm changed all of our computer, data management software, etc. and expected our paralegals to bill 133 hours per month. None of the 4 that we have had in this last year have reached that goal. I was threatened to be fired in May 2016, as my hours were 105, in June I billed 118. It wasn't good enough and they fired me. Looking at eligibility for unemployment, I'm wondering how I present this to be able to qualify. I'd appreciate any guidance you could give me. Thank you!

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Ely

Counselor at Law

Juris Doctor

 
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I am a teacher. My contract was not renewed. was I let go or

I am a teacher. My contract was not renewed. was I let go or discharged?

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Patrick, Esq.

Doctoral Degree

 
16,796 satisfied customers
I was off 9/30/14, but rehired 6/1/16 at the same position.

I was laid off 9/30/14, but rehired 6/1/16 at the same position. There is some discrepancy as to whether I was a rehire or a new hire as they are claiming (losing 12 previous years of service ). It is in IL.... is this legitimate?JA: Have you talked to a lawyer yet?Customer: Not yet... I was browsing things online. I was told today that if I didn't like it I could resign the position. ... I was trying to see if I even had a case before I stood my groundJA: Anything else you think the lawyer should know?Customer: Nothing I can think of. The rehire was all verbal with me and HR, but I took the issue to the boss when my first stub showed no accrued hours even though the Employee Handbook states accrual is based on years (it does not state they have to be consecutive )... the boss told me it was all still based on the new start dateJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IllinoisJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Patrick, Esq.

Doctoral Degree

 
16,796 satisfied customers
I'm 62 and have been with a company 39.5 years. After our

I'm 62 and have been with a company 39.5 years. After our company has had stellar growth in the last several years,I have been ask to take an option of 1) stepping down to a leeser role or taking a a package as part of an RIF. Package is 6 months salary and Cobra. I will be subject to High Medical expense , short of being able to sign up for Medicare ...or full Social Security benefits. I would like to take the early-out package , but I feel it is WAY LOW after 40 years of successful service. Any recourse? I pushed back and their answer was to leave me working 3 extra months.

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Patrick, Esq.

Doctoral Degree

 
16,796 satisfied customers
I have filed due to a layoff in Texas and have not received

I have filed for unemployment due to a layoff in Texas and have not received a pJA: Have you talked to a lawyer yet?Customer: No, my question is I have received a lump sum profit sharing payment from a base period employer will this reduce any unemployment payments I receive. I have not received any unemployment benefits yetJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Anything else you think the lawyer should know?Customer: NoJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Taylor

Attorney

Juris Doctor

 
124 satisfied customers
I was recently off. I held an upper management position

I was recently laid off. I held an upper management position (Vice President) and received a severance package equivalent to 4 months. I wanted to understand how this compares to a typical upper management severance package. Also, how do I negotiate a better package?JA: Because laws vary from state to state, could you tell me what state is this in?Customer: IllinoisJA: Have you talked to a lawyer yet?Customer: noJA: Anything else you think the lawyer should know?Customer: I could give them the circumstances of the lay off.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Marsha411JD

Doctoral Degree

 
18,516 satisfied customers
Plant Closure and Pension Question: Can I technically extend

Plant Closure and Pension Question: Can I technically extend my June 30, 2016 severance date by initiating a legal process? It seems that I need less than 4 months to qualify for full pension. The basis for lawsuit isnt the question; I want to know if I can achieve my goal on technical grounds of the lawsuit?However, the basis of a lawsuit may be as follows:The Company, via the Union, negotiated terms having to do with plant closure provisions. The provisions promised that the Company would counsel Labor in regards ***** ***** The Company has not provided anysuch services in regards ***** ***** pension other than have an HR person, who now no longer works here, give us incorrect information or deferred responses such that, two weeks prior to layoff, we still are hunting through Pension legal jargon in order to discover our status. The company has however very graciously provided other promised services such as Unemployment Insurance, Keep Your Home California, and Resume seminars.If the Union would have initiated Pension education / counseling prior to 2016 in light of having informed us of plant shutdown, we would have been able to see that some of us, such as myself, could have been able to bridge the gap to full retirement by making the right moves of working more overtime and accumulating more vacation and personal time to then sell back to company.The union and company both have a history of abandonment / dereliction and have not acted in good faith to assure Labor employees of upholding their ends of the bargain. I can provide the abandonment / dereliction information later if interested. Ultimately this results in myself and perhaps others not being able to reach full pension benefits after 25.5 years of service.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,268 satisfied customers
When a group of employees are off on the last day of the

When a group of employees are laid off on the last day of the month without notice, is the employer required under ACA to notify employees that all health care benefits are also terminated as of that date? Wouldn't COBRA notification be required if this is a planned permanent layoff? All employees were completely unaware they would be completely uninsured the next day. State is PA. Date of layoff 05/31/2016. All employess age 60+.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,268 satisfied customers
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