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Recent employment law questions

My office is closing and the employee were offered a

Hi there,My office is closing and the employee were offered a severance pay (golden handcuff), appx. 6.5 months of pay for me (for 10 years of employment).A couple of years ago, New York State unemployment insurance program went through reforms, and now basically one cannot claim/receive UI benefits (for a period of time based on NYS's calculation) if the severance pay was made within the 30 days of the last day of employment.I've informed our HR manager of this change and asked if the company could make a payment shortly AFTER the 30 days from the last day.She said it depends on the NY State.When the company files (right away) paperwork with the NY State, the NYS decides whether we will be eligible for UI benefits.Or perhaps she was saying NYS decides WHEN to pay out the severance packages?My Questions are:1) Is an employer required to file paperwork regarding the severance packages to its soon-to-be former employees in NYS?2) Can an employer decide on their own when to pay out the severance packages or does NYS decide on that?I'd really appreciate some info. Thank you.Anna

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Ely

Counselor at Law

Juris Doctor

 
62,078 satisfied customers
My severance total does not match the equation the company

My severance total does not match the equation the company has on propasal ex: weekly base pay $874.39 weeks severance pay: 12 Total severance pay: $22,734.14 Does the total have any merit in this case?

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Delta-Lawyer

Doctoral Degree

 
5,942 satisfied customers
Can I file a civil lawsuit against the Colorado Department

Can I file a civil lawsuit against the Colorado Department of Labor and Employment who, due solely to the negligence of their employees, have caused me to lose the unemployment insurance benefits that I am entitled to?

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Ely

Counselor at Law

Juris Doctor

 
62,078 satisfied customers
I was employed at a firm little over four months as a firm

I was employed at a firm for a little over four months as a firm administrator. My now former employer provided me with one month's severance pay, for which we both signed a severance agreement. Is there any way that my now former employer may deny payment to me even though we have both signed a severance agreement? Thanks.

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Patrick, Esq.

Doctoral Degree

 
16,778 satisfied customers
Would someone who has worked years with a company be

Hello,Would someone who has worked for 24 years with a company be entitled to some sort of severance pay or benefits, if they have to resign from that employment, due to undue stress caused from that particular job? Also, the employee does not reside in the same State as the Employer. Which employment/labor law would apply, in that case?Thank you

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Patrick, Esq.

Doctoral Degree

 
16,778 satisfied customers
Is a company is Arizona required to pay severance if ones

Is a company is Arizona required to pay severance if ones role along with employment is terminated after 23 years?

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Loren

Juris Doctor

 
34,606 satisfied customers
Being off in June due to RIF. Mfg company not sure how many

being laid off in June due to RIF. Mfg company not sure how many laid off overall. In the admin building where I work only 4 people were let go. 3 if those 4 were over 55. We were told the criteria that was supposedly used to determine the lay off. However, none of these were an issue with me. They were however for others who kept their jobs. I strongly feel that the ultimate deciding factor was age. I have been given now a draft of the severance agreement. My question is if I sign this agreement, what exactly am I giving up? If I sign it, can I still file a claim with the EEOC? Not a lawsuit just a claim. Can they stop my severance benefits or make me pay the severance pay back? I have not been able to find an attorney that I can afford.

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Marsha411JD

Doctoral Degree

 
18,512 satisfied customers
I worked company years. My friend /boss red me to come in

Hello I worked for a company for 2 years. My friend /boss hired me to come in and help her build an HR department with her for a growing company, however, through the years she used me because since we were friends she took advantage of the fact that I could do anything and everything. I was the one that completely build the HR department, policies and procedures, all the different HR set up, software, forms and so on.. We used to get into arguments because things I wasn't supposed to be doing she was making me do as she didn't have the experience. She only has 7 years of HR exp and I have about 15. Just a few months back new leaders came in to the company. I approached her again about the credit she was getting and being disregarded completely but she denied it like she usually did etc. so since we now have a VP of HR that was hired over her she went to him and toldHim about the incident we had. Therefore; they said due to not being happy with my job, and the job creating health issues for me and not being happy with my boss that it was better to part ways. They offered me severance package and PTO pay out because there is really no cause of termination here. I would like to file a law suit such as they never gave me the chance of a leave of absence, I worked overtime for 2 years and didn't get compensated for it and I have the proof of all the work I built and worked. However I have negotiated with them to get more severance pay, my PTO and my benefits to be extended for building the department, as its only fair because there is really no cause. The boss friend relationship was not a good thing to have.

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texlawyer

Lawyer

Doctoral Degree

 
7,308 satisfied customers
I was hired into my company (a NYC-based Fortune 500

I was hired into my company (a NYC-based Fortune 500 company), twenty years ago as an exempt Executive Assistant. I worked under "exempt" status for seventeen years. Then, three years ago, supposedly b/c my boss didn't report directly to the CEO - but only a dotted line - they took handful of us 60-something assistants and demoted us to non-exempt status. All the others are gone now, with packages. The company has just announced imminent "restructuring" and I believe I will be offered a package. My concern is that they will treat me as a non-exempt, where packages are only two weeks severance for every year employed rather than exempt status, where packages are one month severance for every year employed. Do I have a right to insist on exempt status severance. This felt like such a 'bait & switch" to me as I never would have accepted employment here twenty years ago had the job been non-exempt and, indeed, I left a good, exempt position within one of NYC's top law firms to take this job!

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

 
14,526 satisfied customers
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