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Recent employment law questions

I am being separated from USPS due to Improper conduct / False

I am being separated from USPS due to Improper conduct / False statement to Dept of Laborif i resign before date of separation (listed as Feb 12 2016) can i retire and get pension (I meet the Min age requirement and I am fully vested with CSRS at 55years of age and 37years of service).Or can I put date of separation on my immediate retirement application as before the separation date, would they accept as voluntary retirement instead of terminated?

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Samuel II

Attorney

Doctoral Degree

 
31,238 satisfied customers
I have a contract dispute with my former employer. I took voluntary

I have a contract dispute with my former employer. I took voluntary retirement with the agreement that my family would be covered by health insurance for 5 years. After 4 years they dropped my wife. I am suing for breach of contract which amounts to the monies paid for medical bills and insurance. My questions:1. Is this covered by ERISA because it involves health benefits and retirement?2. If so, what is the statute of limitations for a lawsuit in Federal Court?

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Patrick, Esq.

Doctoral Degree

 
16,788 satisfied customers
I have heard of people taking an early (voluntary) retirement

I have heard of people taking an early (voluntary) retirement and getting their pension payout in a lump sum fashion (not necc. due to downsizing but because it's simply offered) then also applying for AND actually receiving unemployment benefits for a time being. How is this possible? I live in WA State.

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Marsha411JD

Doctoral Degree

 
18,512 satisfied customers
I am hoping that you can assist with employment law

Hello, I am hoping that you can assist with employment law questions. First, my husband was recently approved for long-term disability through his employer's insurance company. In addition, he has received an option to participate in a voluntary retirement package in which he would receive a lump sum benefit if he accepts it (the lump sum benefit will include a payment of approx. 66,000 + 21,000 (to offset the COBRA medical payments). In order to qualify for the voluntary retirement package my husband would need to come off of disability.The nature of my husband's disability is that he has several conditions stemming from a surgery that he had in January which left him with numbness and pain from emergency surgeries. In addition he has chronic deep vein thrombosis symptoms which also cause periodic issues for my husband (he had a pulmonary embolism in the past).Here are the questions:1) Is the long-term disability option better than the voluntary retirement package being offered? The long-term disability plan would pay my husband 60% of his current salary (my husband's salary is approximately $ 50,000 per year before taxes).a) Is there a scenario where the scenario where the voluntary retirement option would be a better option?b) Is there a scenario where the long-term disability option would be a better option?2) If my husband stays on long-term disability can he be fired from his job? His FMLA has already expired.3) We want to make sure that my husband will be able to receive a disability benefit for a prolonged period of time. Given my husband's chronic conditions is there any way to know how long he can receive the disability benefit?4) If my husband stays on disability how long will he be allowed to receive medical benefits through COBRA?5) My husband is under the care of several doctors. Is there any scenario by which my husband would lose his disability benefits?6) Can the insurance company arbitrarily decide to remove my husband from the disability plan?Thanks!

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

 
104,218 satisfied customers
I am retiring, new staff member hired at a higher rate of pay

I am retiring, new staff member hired at a higher rate of pay supposedly for additional responsibilities of the job, however, I have been doing the same "additional responsibilities" for years. Is this discirmination, even though same sex, or could this be retaliation, what category does this fall under.

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ScottyMacEsq

Doctoral Degree

 
22,026 satisfied customers
What are the keys to tell if my employment agreement if I am

What are the keys to tell if my employment agreement if I am "at will" employee or actually term contract employee? It has a start and end date - it has specific rules in the agreement on how to put notice in and terminate the agreement. (For example 6 months notice)

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

 
17,444 satisfied customers
I'm 62 years old and live and work in Portland, OR. My employer

I'm 62 years old and live and work in Portland, OR. My employer has just announced a voluntary retirement program for employees over 55 years old. The package consists of about 700 hours of pay. I'm considering taking this offer, but wonder if I would be eligible for unemployment benefits if I take this voluntary retirement offer. Can you advise me?

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John

Attorney

Doctoral Degree

 
7,316 satisfied customers
I am 55 years old and based in Denver. My company recently closed our Denver office and c

I am 55 years old and based in Denver. My company recently closed our Denver office and created a new office in Chicago. They asked me to move or lose my job. I took early retirement rather than move to Chicago from Denver. Am I eligable for UE?

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Marsha411JD

Doctoral Degree

 
18,512 satisfied customers
I am currently in excellent standing with my job i have been

I am currently in excellent standing with my job i have been at for 13 years. I am 52 years old. I am in need to take a leave of absence that is not covered by my company benefits, so it appears resigning might be the only option. Do I have any options to negotiate some kind of separation package rather than just resigning? There was a voluntary retirement package offered 2 1/2 years ago that is not on the table currently. Would I approach my manager with this request or HR?

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

 
46,548 satisfied customers
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