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Thanks so much. In your professional opinion, based on my

Thanks so much. In your professional opinion, based on my circumstances, would the Title 22, Section 1256-1(e)(4) the attorney referenced apply. In other words, if Takeda did report to EDD mutual separation as a part of a settlement, would I "not" be disqualified based on title 22? Takeda attorney says I wouldn't be disqualified. Is she correct ?

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Mr.! I am not sure if you can view my previous question

Hello Mr. Phillips! I am not sure if you can view my previous question which will provide some background? I assume so?My company and I reached a settlement. In the MOU it specifically states "Strauss employment will end as of Sept 1...strauss agrees to not rehire. In the long form, which has same language and was drafted by my company's attorney, I requested they add the language "at no fault of her own" (referring to the ending of my employment). My company refuses to add that language. I want to ensure I will be granted unemployment.The attorney verbally told me, when I questioned her what my company would report, she stated, "a mutual separation". I told her it wasn't mutual and I never agreed to have it mutual. I only am agreeing to "not rehire".They are willing to put the following language in the agreement. However, this provides zero guarantee they will not provide EDD with language that will not disqualify me: email from the attorney today:This morning, you indicated by email to me that "When I specifically asked you what Takeda would report to EDD, you stated, the separation was mutual. As an employment attorney, you very well know that would disqualify me." This is simply wrong. Title 22, Section 1256-1(e)(4) provides as follows:"There may be a separation by mutual agreement if the employer and employee have mutually agreed to separate, either at the time of termination or, initially, at the time of hire. In such cases the termination is neither a discharge nor a leaving and thus a disqualification cannot arise under Section 1256 of the Code. The expiration of a fixed term contract of hire to which the parties initially agreed is an example of a termination by mutual agreement."We have added language into the agreement in hopes of clarifying this issue for you so that Takeda's intention is clear. That language is as follows:Subject to your execution, non-revocation, and continued compliance with the terms of this Agreement, the Company agrees not to affirmatively contest any effort by you to seek unemployment insurance coverage based on your separation from employment with the Company (except nothing herein shall prevent the Company from providing accurate and truthful answers regarding your employment relationship or separation, to the extent obligated to respond to inquiries from any government agency related thereto, regardless of any impact on your ability to obtain unemployment insurance benefits).I have requested they provide in the agreement one of three options: check option 3. laid off/lack of work on form DE 1101C/Z or put involuntary separation in the the "other option" or add the language "as of no fault of her own".Can you please provide your opinion? What should I ask of them to insure they will not report information EDD that will disqualify me? I greatly appreciate your professional insight.

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Phillips Esq.

Attorney

Juris Doctor

18,326 satisfied customers
Is there a time limitation for the state to pursue

Is there a time limitation for the state to pursue charges/repayment for over payed unemployment insurance benefits

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LegalKnowledge

Juris Doctor

30,430 satisfied customers
I've been working in China for 4.5 years for a company based

I've been working in China for 4.5 years for a company based in my hometown. I was hired in my hometown and later found myself in China while continuing to receive North Carolina payroll. I wasn't on a work visa yet a business visa. I have been in China full time since 2012. Today they told me I was no longer needed in China and provided me with a relocation option otherwise work ends today. I'll be going back home to China next week. I'll be actively looking for a job in China. Can I apply for NC unemployment? I know I'm eligible for unemployment but I'm concerned if I can recieve benefits while actively looking for a job in China not USA/North Carolina.

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legalgems

Juris Doctorate

13,796 satisfied customers
I am applying for NY unemployment insurance and I have not

I am applying for NY unemployment insurance and I have not received any benefits. Recently I had to refuse a job offer and it was noted that I would need to fill out a form with the reason for not taking the position. If the reason provided does not meet "good cause" standards for a "suitable job" I may be denied unemployment coverage. I want to be sure that I give the correct succinct honest reason as to why I refused the job and keep my illegibility for unemployment.The main reasons I rejected the offer are:1. 80% travel (typical travel schedule of monday- thursday every week).2. With this much travel it would create a hardship for childcare since my wife also works. She works in the medical field on shifts and coverage for our sonwould be absent when she had a shift.3. I could possible indicate the commute is over 1.5 hours, since each engagement would likely be over that amount, most is air travel.I have read on NYUI's website I might be subject to denial of benefits due to lack of availability if I submit childcare as a hardship.Please advise what my best course of action would be.Thank you

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legalgems

Juris Doctorate

13,796 satisfied customers
I have an interview with Unemployment and I was wondering

I have an interview with Unemployment and I was wondering how i should answer because I quit, I quit because of a hostile environment that was affecting my health.JA: Have you documented this or discussed it with HR?Customer: I have documented some but not everything. I went to my supervisors numerous times about the affect they were causing. Nothing was ever done about it.JA: Is the employment agreement "at will," union, full time or part time?Customer: Full timeJA: Anything else you want the lawyer to know before I connect you?Customer: not that i can think of. I just want to make sure i answer their questions properly so my unemployment will be approved.

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KJL LAW

Juris Doctorate

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I was fired from my job on September 1, 2016. It was a least

I was fired from my job on September 1, 2016. It was a least partially my own fault since I would not give my employee number to a caller on the phone because of his hostile attitude. I was given a warning about a similar incident about two years ago but I never for a moment thought that my job was in jeopardy. The entire event left me very shocked and upset so I didn't really ask the type of questions that I should have asked.The manager who fired me insisted that I accept a small pamphlet that gave instructions on how to apply for Massachusetts Unemployment Insurance benefits. Since I was fired I fear that I will not be able to get these benefits. Although I certainly don't see how my termination could be considered gross misconduct. I would also like to know if applying for unemployment benefits and getting declined could impact apply for new jobs? If I do get declined is there any legal recourse?In about 6 weeks I will be certified as a Medical Billing and Coder. I've put nearly 400 course hours into that effort. I will be trying to launch that new career soon and I would really hate to have this mistake of mine damage my chances.

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LegalKnowledge

Juris Doctor

30,430 satisfied customers
I have been out on disability leave for psychiatric and mild

I have been out on disability leave for psychiatric and mild cognitive impairment since the day before Christmas. For the past two months I have been working half time in an another hospital in a temporary role with vastly less stress and responsibility. This fulfills the requirement of the Transition to Work program.I want next Wednesday to be my last shift since then I will have my benefits covered for August and not have to pay COBRA until September. As part of the program I must increase my responsibilities every month to reflect my intention to return to work. My psychiatrist faxed the appropriate information to my Transition case worker who has not followed through. This step is to start charting on the electronic health records. My access has expired due to my leave. My manager needs to submit an online form for this to happen. My new boss replaced my old boss last week. I left a message for each of them to call me but neither responded. I am actually happy about that since the relatively new computer charting was part of what threw me over the edge. I would prefer to slide out of there without having to do any and I am on record for having called to ask them to give me access.I have read on line about qualifying for workmen's comp. If I understood correctly, I can resign by mutual agreement or in anticipation of being let go and still qualify. I will call my boss August 5th about being incapable of returning to my unit and resigning instead.If she doesn't call me back before the following Tuesday I'm afraid I could be fired for cause for not showing up for work at my temporary placement.I informed the manager of the temporary position that my last shift would be August 4th then I would return to my unit. I have no intention of returning to my position.Am I correct that it will not hurt my future job prospectives if I terminate but not for cause? Will I qualify for workmen's comp?I do not plan to return to my

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Phillips Esq.

Attorney

Juris Doctor

18,326 satisfied customers
I'm filling business registry and it ask what employer type

I'm filling for stare business registry and it ask what employer type am iJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MiJA: Have you talked to a lawyer yet?Customer: No just got fein and trying to register with the stateJA: Anything else you think the lawyer should know?Customer: The business is for video production, mostly free lance workJA: 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 Lawyer about your situation and then connect you two.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,100 satisfied customers
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