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My case is in MN, you have an attorney there? MN, At will,

Customer Question
My case is in...

My case is in MN, you have an attorney there?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

MN

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will, worked for 2 yrs until I filed EEOC charge

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Counsel I retained did not advise me I was signing away my rights by signing an agreement. Now emotional distress and monies I received to drop the charges cancelled out my unemployment benefits, is that legal?

Submitted: 7 months ago.Category: Employment Law
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Answered in 3 minutes by:
12/4/2017
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,925
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for your post. Can you please tell me what part of your statement are you asking about when you ask "is that legal?" What specifically?

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Customer reply replied 7 months ago
Can monies I received to release the employer from the EEOC charge and monies I received for emotional distress be deducted against my unemployment benefits?
Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

Thank you for that clarification. If the employer's settlement included back pay or severance pay, then the amount received is subject to offset by the State against a claimant's UI benefits. This is a very technical area of the law and depends entirely on exactly how the settlement is worded. Since I am not your attorney, and we cannot form an attorney-client relationship, I couldn't tell you if you would have any success with an appeal to the UI Commission of the offset, even if I had a copy of your settlement agreement.

I can say that usually, if worded as pain and suffering, that part of the settlement would not be subject to offset. You may want to review the UI statute that discusses all of the reasons for denial or offset and can find it here: https://www.revisor.mn.gov/statutes/?id=268.085

If you still are not sure how your settlement reads, then either have your attorney review it with you or go ahead and appeal the offset and and Administrative Law Judge will review your settlement and, based on the statute I provided, make a decision.

Please let me know if you need any clarification after you have read all of the statute. If none, if you could reply to my answer and let me know that I provided you with the information you need to pursue your issue with the Commission, based on the information that I have, and also leave a positive rating in the ratings box on this page, then the Site will give me credit for working with you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 7 months ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 4th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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