What if the same person upon getting fired got the balance of their salary upon termination? (they got $10,000 in salary up until May, then got fired and got the additional $14,000 in one lump sum payment).
Are they still able to collect unemployment
2006-12-29 15:11:38 · 13 answers · asked by Meg 2 in Business & Finance ➔ Careers & Employment
Did you receive unemployment paperwork regarding her filing for unemployment benefits? The employer being charged will receive notification that an employee is filing for benefits. This is an opportunity for the employer to agree or disagree with the filing. Also when the employer is notified they are usually required to submit the ending wages for the last week worked and any holiday, sick, vacation, and/or severance wages paid. As a general FYI... If an employee voluntarily quits their job or were discharged by their employer, the State Employment Services would make a formal decision on the benefits eligibility. They get information from both the employer and the employee. Both the employee and employer will have an opportunity to rebut each other's version of the separation. Following that, they will issue the written decision. Overall for termination of employment it is the Company that has to provide the burden of proof. There have been cases over turned because adequate documentation was not provided to support the termination… Doesn’t mean that the termination wasn’t justified but it wasn’t adequately proven to deny benefits.
If you seriously question the validity of her unemployment claim then reference the California Employment Development Department... This is the link on reporting fraud http://www.edd.ca.gov/uirep/de2360tf.pdf.
2006-12-29 16:56:53 · answer #1 · answered by Krazee 3 · 1⤊ 0⤋
If a person is 'fired' they are not eligible for unemployment.
But, this case sounds like a 'letting go' and not a fireing, especially if given the additional $14,000 in one lump sum payment. Then I would have to know, was the person working under the table (if so, no they are not eligible)? Was the person under contract (if so, was that person responsible for making payments to the government for unemployment insurance, and were they made?)? And, were you given a termination notice (a pink slip relinquishing the employer of any responsibility to grant you unemployment compensation through the government(s))?
The employer gave you quite a bit of compensation for being fired. If I were a government agent, and was looking at your application, I would be wondering if you, since 5-06, had been actively been looking for work. Also, if you file for unemployment and your previous employer was responsible for unemployement insurance, meaning that you worked over the table, your previous employers will be contacted--and will be suggested to rehire you if it is possible--your previous employ(er) will be given the option to argue the case.
2006-12-29 15:24:54 · answer #2 · answered by What, what, what?? 6 · 0⤊ 1⤋
Every state has different rules and regulations. Most states will allow you to collect if you got fired because of circumstances beyond your control. Prove you got fired unjustly and you might have a case. Just go to the unemployment office to open your claim. HOWEVER, because the company paid the remainder of your salary your claim will only become on be active. You would not see a dime until the number of weeks/months pass that took for you to earn that amount. There is no penelty for trying.
2006-12-29 15:25:28 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Yes, you can file for unemployment, legally. You've recieved severance pay which is a typical practice when terminating an employee. Even with recieving this lump sum of money you still are employed and need unemployment assistance until you're able to find another position.
2006-12-29 15:18:57 · answer #4 · answered by Bonita Applebaum 5 · 0⤊ 0⤋
Trick question. In the US, normally if you get fired you can not collect unemployment. BUT, the trick is to get a job that is temporary for one day even. Unemployment looks at your LAST job, and the reason you are not working there. That is the loophole you need. So look for something that is only temporary and then file your unemployment and you can use the last job as reference. Besides, the unemployment will tell you if you qualify from the last job or not.
2006-12-29 15:15:46 · answer #5 · answered by Big C 6 · 0⤊ 0⤋
Would depend on how they were terminated. If they fired you for theft, damage to property, creating an unsafe work environment, threats towards other workers, ETC., then you may not be able to collect. The pay out of your pending salary should not effect your unemployment decision.
2006-12-29 15:14:39 · answer #6 · answered by Anonymous · 1⤊ 0⤋
OH, that's easy! It's because Clinton and Bush were both great presidents, right? I mean, both a Democrat and a Republican gave us a great economy. I'm glad to hear you are so non-partisan. But then how can you claim Obama is a left wing extremist, since he is using some of the same policies of both the others you mention? Is it that a combination of a Democrat and a Republican results in a left-wing radical extremist? Answer: Why is a combination of multiple factors, going back as far as Ronald Reagan, which are way too unsimple for you to grasp.
2016-03-29 00:27:30 · answer #7 · answered by Anonymous · 0⤊ 0⤋
In my state, money does not matter. They go by what happened with your previous job.
If you got fired from your present job you cannot get unemployment if you voluntarily left your previous one.
2006-12-29 15:24:48 · answer #8 · answered by Nancy 6 · 0⤊ 0⤋
no. if you are fired you cannot collect unemployment no matter what. you have to be let go or laid off of your job to collect unemployment.
and they will check up on this when you apply. its not like you just walk in and get a check. let alone its a felony if caught.
2006-12-29 15:19:50 · answer #9 · answered by Anonymous · 0⤊ 1⤋
call your local unemplyment/employment office and ask someone there. It all depends on your state rules.
2006-12-29 15:17:40 · answer #10 · answered by Anonymous · 0⤊ 0⤋