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Re Unemployment benefit. I received a "lump sum" severance

Re Unemployment benefit. I received a "lump sum" severance check from prior employer (team layed off due to closing dept). Georgia Labor is dividing my weekly income into this amount and delaying my UI. How can they interpret the statute to do this and help corporations over it's citizens. I signed an agreement to not sue the company so I could receive this severance, and now I am having to wait 3 months to get unemployment even though my severance was a 1-time payment (not spread out over a period of time. Any direction on how I can research this ? Thanks Shari LarsonJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: GeorgiaJA: Has anything been filed or reported?Customer: They approved it, but then sent 2nd notice disqualifying it for 13 weeks and told me to reapply then based onJA: Anything else you want the lawyer to know before I connect you?Customer: Section II- Legal basis for determination: Section 34-8-194(5)(A) of the Employment Security Law says that you cannot be paid unemployment when you are receiving or have received any pay related to your separation. Separation payments which are less than your weekly wage will be applied based on your most recent weekly wage for a standard work week. You cannot draw benefits if the payments are more than the weekly benefit amount of your claim.

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TJ, Esq.

Juris Doctor (JD)

11,864 satisfied customers
Looking to clarify questions regarding unemployment

Looking to clarify questions regarding unemployment insurance claims in State of California:Earnings are considered to be the following:Work performedBack pay awardBonusesCommissionHolding feesHoliday payIdle time payIn-lieu-of-notice payJury duty payPaid sick leavePensionPiece work payResidual paySelf-employmentSeverance payStrike benefitsTemporary Total DisabilityTipsVacation payVocational Rehabilitation Maintenance AllowanceWitness feesWorkers' CompensationSituation: Just got unemployed but have investment activities.I trade stocks for 5 hours a week, investing $1k then gaining $2k of profit. Technically, my investment "buy-in" ($ invested, commission fees, capital gains tax, etc.) is my expenses and my profit are my earnings. However I wouldn't need to report since its not classified as a wage per the definition above since I'm not working for a company but rather using the online brokerage platform for my activities, correct?Taking the same idea but now with Airbnb.I Airbnb rent weekly an apartment that I have a yearly lease on, investing $1k per week then gaining $2k of profit. Technically, my investment "buy-in" ($ spent on week for maintenance, cleaning, lease payment, Airbnb fees, taxes, utilities, etc.) is my expenses and my profit are my earnings. However like the stocks in which I only am working 5 hours a week for Airbnb activites, I wouldn't need to report since its not classified as a wage per the definition above since I'm not working for a company but rather using the online platform service for my activities, correct?I have contacted the EDD and they provided that Airbnb is treated as employment. I don't see it as employment because unlike employment I am not being given a steady wage nor working for someone else. I see it as just the same as investing in stocks or gambling. Money spent and money gained yet you don't report that. With being employed you don't spend money to be employed therefore I understand that you need to report these earnings. But for Airbnb shouldn't it not be reported if it the same process of gaining income/earnings as the stock market or gambling which aren't required to be reported?

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39,598 satisfied customers
I Live in the State of Pennsylvania and Have Worked for a

I Live in the State of Pennsylvania and Have Worked for a Company Out of the State of Maryland for More Than 2-Years. I've Recently Been Laid-Off and Will Be Having Roughly $6.2K Coming-In as a Lump Sum Before Any Taxes Are Taken-Out. I Asked If This is Considered a Severance Package, But Was Told That They Don't Give Severance Packages Anymore, But That It's a Lump Sum of Money. In the State of Maryland, I'm Planning to File for Unemployment Compensation. I Recently Read the Following... --------- The current weekly benefit amount provided by the Maryland Unemployment Insurance Law ranges from a minimum of $50.00 to a maximum of $430.00. --------- ...Found... --------- https://www.dllr.state.md.us/employment/claimfaq.shtml#firstfile --------- My Current Monthly Expenses are $1750. I Plan on Living as Frugally as Possible, But Given the Above...I'm Pretty Certain that I May Last Approximately 3+Months on the Current Amount Alone. Is a Lump Sum Considered a Severance Package that Needs to Be Reported to the Unemployment Compensation Representatives for the State of Maryland? If So, I Read from... --------- http://www.dllr.maryland.gov/uiappeals/decisions/8-1009.shtml --------- ...When It Says... --------- Severance Pay, Dismissal Payment or Wages in Lieu of Notice - Section 8-1009 I. In General A. Md. LABOR AND EMPLOYMENT Code Ann. § 8-1009 (2010) § 8-1009. Severance pay (a) Dismissal payments or wages in lieu of notice. -- (1) For each week that the Secretary finds an individual who otherwise is eligible for benefits receives or is eligible to receive dismissal payment or wages in lieu of notice, regardless of whether the payment is required by law: (i) if the payment at least equals the individual's weekly benefit amount, the individual is disqualified from receiving benefits; or (ii) if the payment is less than the individual's weekly benefit amount, the individual may receive benefits reduced by the amount of the payment. (2) Dismissal payment or wages in lieu of notice shall be allocated to a number of weeks following separation from employment that equals the number of weeks of wages received. (b) Military disability severance payments. -- An individual who is otherwise eligible for benefits, including benefits payable under the Unemployment Compensation for Ex-Service Members Program in accordance with 5 U.S.C. § 8521 may receive benefits, and the benefits may not be reduced under subsection (a)(2) of this section, for each week that the Secretary finds that the individual receives or is eligible to receive military disability severance payments. B. Extent of Disqualification The claimant was discharged on December 31, 1989. The employer gave him severance pay in the amount of $1,923. His weekly wage with the employer was $961.54. COMAR 09.32.02.13B(2) states that the formula for allocation of dismissal payments shall be to divide the weekly wage of the individual by seven and apply the quotient for each calendar day following payment. Applying this formula, the quotient is $137.36 ($961.54 divided by 7); the severance pay therefore covers a period of 14 days ($1,923 divided by $137.36), from January 1, 1990 up to and including January 14, 1990. The claimant is totally disqualified from receiving benefits for the weeks ending January 6, 1990 and January 13, 1990. For the week ending January 20, 1990, a deduction of $137 (rounded off from $137.36) for wages paid for January 14, 1990, should be made from his weekly benefit amount of $205. Harkins v. Fullerton Supply Company, Inc., 808-BH-90. --------- ...Does that Mean that They'll Get My Bi-Weekly Gross Pay and Divide that by 2 to Give a Figure of Around $960 a Week and Calculate How Many Weeks the Lump Sum Will Keep Me in the Green by Dividing This Like So... --------- Lump Sum: $6200 / Weekly Gross Pay: $960 = 6.46-Weeks of Pay Roughly --------- ...Meaning...By Their Calculations...I'll Be Good for Roughly 6.5-Weeks? At that Point...If I WasJA: Because employment law varies from place to place, can you tell me what state this is in? When we are ready I'll take you to the appropriate web page. Is the employment agreement "at will," union, full time or part time?Customer: MarylandJA: Anything else you want the lawyer to know before I connect you?Customer: Just the Above Information

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Infolawyer

Attorney

Juris Doctor.

42,442 satisfied customers
I am currently working, and am collecting a pension and

I am currently working, and am collecting a pension and social security. I just got notified that I am being laid off. Can I collect unemployment benefits?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Ohio, Trumbull county.JA: Is the employment agreement "at will," union, full time or part time?Customer: I am employed by an employment service, contracted out to a company. full time. I'm not in a union.JA: Anything else you want the lawyer to know before I connect you?Customer: Not that I know of.

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John

Attorney

Doctoral Degree

9,286 satisfied customers
I turned in 2 weeks notice to my employer on Tuesday, and

I turned in 2 weeks notice to my employer on Tuesday, and Wednesday morning I was involuntarily terminated. I did not get a reason except "I got your letter of resignation, umm I was kind of surprised, but um I understand you want to move on, umm so I think what we are going to do is have you go ahead a get your stuff and pay you til the end of the day." I think you for giving us a notice and everything, but we think its best to do it now, but we will pay you for the end of the day" We just thought it is best we do it that way".JA: When we are ready I'll take you to the appropriate web page.Customer: I don't feel I got a reason why they terminated me. They approved 2 days in writing of vacation time for me for Dec. 23rd, and Jan. 3rd.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: KansasJA: Is the employment agreement "at will," union, full time or part time?Customer: And according to the company handbook you it states all employees are asked to give written notice of your intention to resign at least two weeks prior to the last day you are planning to work for the clinic. I'm full time.JA: Anything else you want the lawyer to know before I connect you?Customer: Yes their handbook also states except for discharge for cause, employees who have completed a 3 month introductory period will be given at least 2 weeks notice if their services are not longer required. Separation pay in lieu of notice may be granted. Accrued paid personal days will also be paid.

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ScottyMacEsq

Doctoral Degree

24,228 satisfied customers
My employer brought me in to fire me but offered me the

My employer brought me in to fire me but offered me the opportunity to resign in lieu of termination.I put the following in my resignation letter:"Per our conversation, please consider this the resignation letter you requested when I agreed to resign in lieu of discharge. Usually, two weeks' notice is standard, but given the circumstances, two weeks' severance in lieu of notice would be appreciated. I also trust the company will not make an issue regarding my filing for unemployment benefits, if that becomes a necessity."I haven't heard anything from them accepting my resignation and heard thru the grapevine that they have sent my resignation letter to their attorneys.Can they ask me to revise it? How long without hearing from them do I have to wait before I can consider it accepted?Also, the owner of the company told some of the employees that I was fired, but told others that I resigned. What are my rights in that regard?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,686 satisfied customers
I live in Nevada and drew unemployment period of time while

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

20,086 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

116,710 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

20,086 satisfied customers
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