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I asked a question regarding a voluntary separation with my…

Hi I asked a question...
Hi I asked a question regarding a voluntary separation with my employer and they gave me a severence package. I was told that it would not affect my unemployment claim if I was paid in a lump sum, whick I was. Now unemployment has denied me because of the severence payment. I have to appeal, what can I put in my appeal to prove I should get unemployment? This is the state of Maryland.
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Answered in 8 minutes by:
9/22/2017
Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 62,302
Experience: Licensed attorney helping employers and employees.
Verified
Benefits would not automatically be denied but can be affected by the severance and reduce it. You can try to argue that it is not income or a wage but recovery for a work claim that was resolved. You can also see if employer will not oppose. Please let me know if the reply is acceptable by responding "yes" or "acceptable"
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Customer reply replied 9 months ago
the employer stated that they would not fight any unemployment claims. My understanding is that benefits should not be affected after the month is was received because it's not income after that. Is there a law or something I can reference for an appeal?
Correct and company can be asked to support the appeal. It is not statutory but how the agency applies it!
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Customer reply replied 9 months ago
ok...I will contact my former employer. Thank you.

Very welcome, kindly rate me positively.

Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 62,302
Experience: Licensed attorney helping employers and employees.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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