Sunday, October 10, 2010

UNEMPLOYMENT INSURANCE

The importance of the decision below is that the rules regarding disqualification by voluntary separation are now the same as the rules regarding disqualification for misconduct with respect to the charging of the Employer's account and the Employer's right to object when the Claimant has earned more than five times his benefit in subsequent employment. In layman's terms: Claimant is discharged by Employer A for misconduct or voluntary separates from Employer without compelling reason and is not qualified for benefits. Claimant does not file for benefits. Claimant now is employed by Employer B and earns 5 times the benefit rate but is discharged/laid off by Employer B for non-disqualifying reasons. Claimant now files for benefits. Even though Claimant's base period includes wages earned by Employer A, Employer A cannot object to the benefits claim of Claimant.

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