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:
2 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 Unemployment Benefits Laws

Unemployment benefits may be claimed by a person who has lost his or her job through no fault of his or her own, or has quit his or her job citing a “good cause” for doing so.

Here are some unemployment benefits questions with answers provided by legal experts.

What should one do when he is unemployed but receives an “overpayment notice” but there are no funds to repay?

In such a case, it would be best retain a local attorney to draft a reply stating good reasons for difficulties in repaying. Also, a repayment plan should be crafted, which may make the authorities considerate and extend the deadline for repayment.

How may an unemployment benefits claimant who is falsely accused by an employer respond to the Department of Labor?

The claimant should hire an attorney who will be able to help in court ordering any witnesses and the employment file. A defamation lawsuit against the employer should also be considered.

In California, can “gross misconduct” lead to denying an employee unemployment benefits? What constitutes gross misconduct?

There is no set definition for "gross misconduct". In California gross misconduct generally means a willful act that either caused or could have caused the employer to suffer significant injury or harm. Examples of gross misconduct might be getting intoxicated at work, selling drugs at the workplace, stealing employer property or money, assaulting a co-worker or accidentally causing a building to burn down.

The EDD Unemployment Review Board would be the ones to determine whether the employee is guilty of gross misconduct. In California, an employee can be denied unemployment benefits only on the grounds of gross misconduct.

In Texas, can a teacher collect unemployment benefits if non-renewed?

A teacher may file for unemployment if the district chooses to not renew her contract. However, the district may deny the unemployment claim, in which case the teacher can file an appeal.

How long is an unemployment claim valid for? What happens if an employee gets a job within this period?

Assuming the employee meets all the other eligibility criteria, an unemployment claim is valid for one year, out of which an employee will be able to collect unemployment for 39 weeks. But if an employee gets a job during this period and loses it within a year of filing a claim, he can still get paid for the balance of the weeks he remained unemployed. However, it must be noted a fresh 39 weeks will not be granted for every job the employee takes/loses within the year of the first claim. Also, it is mandatory to declare any income gained from a job undertaken within this period as an independent contractor.

Following a misinterpretation of information provided by an employer in Iowa to the Appeals Board, the employee is denied unemployment benefits. What should the employee then do?

Once the first appeal hearing is conducted by the Appeals Board, a second appeal is generally decided on the basis of whether the first hearing officer correctly ruled on the record of evidence produced at the hearing. No new evidence is generally allowed except in extraordinary circumstances, where it could not have been discovered despite reasonable diligence prior to the first hearing.

The employee would need to explain to the Appeals Board the first hearings officer misinterpreted the events in the record, and the events had nothing to do with the termination event itself. The employee would show how the relevant evidence in time, place, and occurrence does not show there was any misconduct leading to termination. With this, it may be possible that the Appeals Board would rule in favor of the employee. It is also advisable for the employee to request a copy of the recording or transcript of the appeals hearing.

Can an person collecting unemployment benefits turn down an offer of a temporary job? Can he still apply for an extension after the completion of the term of the temporary job?

No job offer can be turned down by a person collecting unemployment benefits, whatever the type or term of job. Moreover, once the job offer is refused, the extension will not be allowed. If the employee takes up the temporary job, he may be able to submit a new application (not an extension) to collect unemployment benefits once the term of the job ends.

Can a person convicted of a felony apply for unemployment benefits?

Any person, provided he or she qualifies, can apply for and receive unemployment benefits even if he or she has been convicted of a felony in the past.

Can one receive severance pay and also claim unemployment benefits at the same time?

If the employer is paying the severance pay as though the employee were still working and at the regular pay date intervals, it would be considered “severance pay in lieu of wages”. As a result, unemployment benefits would not begin till after one week of the severance pay ending.

Going through a period of unemployment, especially for no fault of the employee, can be stressful in more ways than one. People in such a situation may also be unsure as to how to claim unemployment benefits, which is where the knowledge of a legal expert can be helpful.

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:
2 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 Unemployment Benefits Questions

  • Hello: I resigned to the company I got a job offer to start

    Hello: I resigned to the company I got a job offer to start working next year but in my current job they are making my last days hard, as result of my wrongful termination I started being more carefully on my job that result in taking more time to do the task they assigned me there is a rumor that they think I am slowing down intentionally and again that is not true what can I do to protect myself these few days I meant they gave a final warning when they "suspended" me I just don't want they fire before I leave the company
  • I reside in GA, an at will state. I am 66 yrs old and have been working for my company 6

    I reside in GA, an at will state. I am 66 yrs old and have been working for my company 6 yrs. and 6 mons. without warning on 12/08/14, I was asked to retire effective 12/31/14 because there wasn't enough work coming in requiring my skill set. I was not ready to retire and had informed my director that I had wanted to work until end of May 2015 at which time I would voluntarily retire. Even though I was asked to retire, I feel like I've been terminated as my employer made it clear I couldn't continue to work until end of May 2015. This is a huge loss in earned income for me (I make $59,00.00 per year). Is this legal in Georgia? Should I have been offered a retirement package or some kind of severance pay. What are my rights?
  • My son-in-law was involved in a workplace accident July of

    My son-in-law was involved in a workplace accident July of 2014 and received worker's comp for about 9 months. He then returned to work for 7 months then was laid off. He was told today that he is unable to receive unemployment because he had received worker's comp. Is this accurate?
< Last | Next >
View More Employment Law Questions