Previous Employer wants to cut me a check for RETRO pay- RATHER than go to an appeal meeting.

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Previous Employer wants to cut me a check for RETRO pay- RATHER than go to an appeal meeting.

by Courtney
(PA Unemployment Appeal Hearing)

I have an appeal meeting scheduled with a PA unemployment office in 2 weeks. However, my employer has contacted me and asked if they could just pay me in check form... what they would have owed me in the last 2 months that I have been off. I have since found another job and no longer apply for unemployment... however I did apply for unemployment while I was off and looking for NEW employment. I feel my previous employer does not want to go through the ordeal of going to an appeal process or having current employees brought in to testify. Is this a normal practice for employers to do? Is this legal for me to be asked to cancel the appeal meeting... if they in fact pay me a lump sum for me to do so? Once I get this money... is it up to me to pay the appropriate taxes if they do not put it in a pay check form... or is it considered some sort of other form of found monies?

Hi Courtney,

I honestly do not know if that is legal or not and I certainly don't have a clue about any tax issue if it is legal .. I know it shouldn't be wages now and I know I wouldn't accept it until I became aware of the implications and if any could hurt me.

I have a suggestion .. in case you haven't. Fill out the the referral form for PA.

It's free to fill it out and the hearing rep is very, very sharp about PA unemployment statutes.

Reps usually evaluate a case first .. because they do like to win .. and that usually means they have to talk to you first.

Question .. Do you have some kind of other action pending against this employer .. or thinking about one .. because this is kind of a strange thing for an employer to do.

And one more thing .. I'd be a littler jittery about any money coming to me right now .. called "retro pay".

This is what is strange. Why would they call it that .. unless they are going to attempt to show that you received wages for the period you were unemployed .. therefore .. ineligible.

What if this new job were to end .. before you purged any disqualification .. you'd be screwed because you didn't pursue this appeal.

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Previous Employer wants to cut me a check for RETRO pay- RATHER than go to an appeal meeting.

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Aug 14, 2011

More info & More facts
by: Courtney

Just to explain my situation further...my previous employer was a smaller company with a plethora of issues. I have been there for years and did quit. However, I was granted an unemployment appeal due to the explanation to unemployment of these extenuating problems. As the appeal draws closer... it came to light to management there that approximately 2/3 of the company could be receiving subpoenas and those 2/3 were witness to events leading to me leaving. These individuals have told management that they will not lie under oath, and it may turn into a civil war for their small company. I feel that management wishes to forego these issues coming out at an unemployment appeal meeting, and that is why they have come to me with the solution of cutting a check for the round about way of ... just making me go away. Although the issues of this company may not be illegal.. their practices are highly questionable and the main reason why I left. Perhaps if the issues were brought out at a meeting such as this... it could result in investigations or worse for this company? I am unsure how unemployment would report anything that may or may not come up. Would it be up to unemployment to report anything?

I personally have never filed for unemployment before and have had a working career for the last 20 yrs. I understand what you are saying about if the "new" job did not work out... but in the interim I have actually gotten 2 jobs...1 for the daytime... and 1 for a few nighttime / weekend hours. Although no one these days feels secure in their jobs anymore. I am comfortable not worrying about any future unemployment at this time.

I am still unsure what to do with a check from this company... if it is presented to me. Pay taxes on it... as "other income"? I'm sure I will have to gain some other legal perspectives in the next few days.

I think, that you might also consider that you are in a position of power then to negotiate an even bigger settlement .. and that's what I'd call a check to withdraw you unemployment appeal.

I certainly, would not call it retro pay.

Although I'm not sure what type of improprieties you are talking about .. I think it would be an employee(s) that creates a legal issue for the employer other than unemployment benefits in a different venue.

I'm fairly certain .. the extent of jurisdiction given to a referee .. is the list of issues .. that come with every PA hearing notice.

Lower level referees are not necessarily attorneys in PA .. so I don't know if they are required to report anything just because they might have found something to be a questionable or illegal practice by the employer when all they really need to determine is whether something is unreasonable.

I suspect if they are required to report .. it might be found in the PA rules for administrative law.

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