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Recent employment law questions

My daughter was off from her job last year. Her last

My daughter was laid off from her job last year. Her last day worked was July 18, 2014. She received unemployment compensation (Illinois) for about four months until she found another job. She recently received a letter from the Ill. Dept. of Employment Security claiming she was overpaid and seeking a refund of about $216. The controversy appears to be related to the two weeks of severance pay she received after being laid off. The State seems to be saying that the unemployment comp. they paid for the week ending August 2, 2014 (the second week after she was laid off) was an over payment. Is the State correct? Can they claim a refund because of the severance pay my daughter received?Thank you.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,444 satisfied customers
I live in Nevada and drew unemployment period of time

I live in Nevada and drew unemployment for a period of time while simultaneously receiving a severance package that paid me over a period of nine months. I drew unemployment because my severance was not considered wages even though it was distributed over the nine month period. The severance agreement indicated I was entitled to unemployment and that I involuntarily left the company. Now the state of Nevada suggests that I defrauded them and they want up to $10,000 back. Do I have any recourse. I always understood that severance was not considered wages....?

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Patrick, Esq.

Doctoral Degree

 
16,778 satisfied customers
I had a short term contract offer. In the severance portion

I had a short term contract offer. In the severance portion it states: "You, or the Company, may terminate your contract service, by giving one month's notice or by paying one month's consideration per contract in lieu of the notice. However, the Companyreserves the right to accept your request to terminate the contract on any date prior to the expiry of the contract period. Once the Company has accepted your request, you shall not be entitled to withdraw the same." I was paid hourly and almost all the weeksI worked over time. Now the company without notice has terminated the contract. How will my one month of severance be calculated according to NJ laws? Will it be based on 40 hours a week, 31 days a month; average of all the months I worked, etc? Thank you

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,218 satisfied customers
I've got off, and my employer gave me a document

Hi,I've got laid off, and my employer gave me a document which includes some amount of money to sign. My question is can I lose my Unemployment Benefits if I sign this document?I'm asking this because within my ex company Employee Book stays:Unemployment Insurance / CompensationEvery employee of is covered under the Unemployment Compensation Insurance Act. The entire cost of this protection is paid by .Thanks in advance for all your help!

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Patrick, Esq.

Doctoral Degree

 
16,778 satisfied customers
I just started a claim in TX and forgot to

I just started a claim for unemployment in TX and forgot to claim my PTO and severance. I was surprised to get my benefits right away and realized my mistake. What should I do?

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ScottyMacEsq

Doctoral Degree

 
22,026 satisfied customers
I've been recently off due to downsizing at my employer.

I've been recently laid off due to downsizing at my employer. They offered me a severance package. How will this effect my chance to collect unemployment while I'm looking for a new job ??btw, I've never collected any unemployment benefits my entire working career, so I'm kinda unsure how to approach this. I have a 6/25 scheduled appeals hearing in Nashville, TN.

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Patrick, Esq.

Doctoral Degree

 
16,778 satisfied customers
, We are a software implementation company with head

Hello,We are a software implementation company with head office in Montreal. We have a US business registered in Delaware, with approx 5 remote employees on payroll.We are looking to terminate 2-5 employees throughout the organisation, dependent on business performance.First on the docket would be our only Boston, Massachusetts employee. She has been with us since October 2013, and would be first on the docket due to her limitation to travel, limited skill set, performance, remote location, cost, seniority, experience, among other reasons. However, to complicate matters, she announced to us about 2 months ago that she is pregnant. She is about 5 months along now.She is 29 years old. We did not take her out of previous employment when we recruited her (she was unemployed). She has a valuable skills called ClickSoftware which would make employment search very easy. In fact, she did get a job offer in January from elsewhere, but chose not to accept it.What are the implications of terminating this employee?Can we still do it despite the touchiness of the situation?How many weeks of "severance" or "pay in lieu of notice" would we owe her?

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5,048 satisfied customers
I just got off and the company said that they will not

I just got laid off and the company said that they will not pay my last 2 weeks. I live and work in NJ.Q1) Can I ask for additional 30 day pay (in addition to the last 2 weeks I wasn't paid) according to the following term in the contract?"You, or the Company, may terminate your contract service, by giving one month's notice or by paying one month's consideration per contract in lieu of the notice."Q2) I have a "MUTUAL AGREEMENT TO ARBITRATE CLAIMS" document that the company provided and asked me to sign. As they didn't follow this document, and instead of resolving the issue they laid me off, can this help me in any way?"If any legally actionable dispute arises which cannot be resolved by mutual discussion between the Company and the undersigned employee, we each agree to resolve that dispute by binding arbitration before an arbitrator experienced in employment law. The arbitration will be conducted in accordance with the rules applicable to employment disputes of the American Arbitration Association or such other arbitration service as we agree upon, and the law of the state in which the employee is (or was last) employed by the Company. The Company will be responsible for paying any filing fee and the fees and costs of the arbitrator, unless the employee initiates the claim, in which case he/she will contribute an amount equal to the filing fee for a claim initiated in a court of general jurisdiction in the state where he/she is (or was last) employed. We agree that this agreement covers all disputes that the Company may have against the employee, or the employee may have against the Company and/or its predecessor, successor and related entities and the current and the former employees of any of these entities, including those arising out of or relating to the employment relationship or termination of employment, such as claims of discrimination, harassment or retaliation in violation of any federal or state law and any other aspect of the employee's compensation, training, or employment."

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,444 satisfied customers
In Maryland. Signed R+W. Does not say Severance. Specifically

In Maryland. Signed R+W. Does not say Severance. Specifically states R+W and consideration given in exchange for R+W. Amount is about 2 months of salary (no benefits) Question: eligible for md unemployment during that 2 months or no?

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Marsha411JD

Doctoral Degree

 
18,512 satisfied customers
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