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If I accepted a voluntary seperation package from my company, can I get unemployment benefits?

by Amy
(Greenville, SC, USA)

The company I worked at in SC recently offered an undisclosed number of voluntary separation packages to it's employees. I took the package, and now I have received a letter telling me that I am disqualified for unemployment due to voluntary separation. If my employer had not offered us a package to leave, those of us who left never would have done so. Having said this, are we eligible to draw our money from unemployment?




Hi Amy
Did you have a choice Amy, to accept the package or refuse and continue working? Are you a member of a union?


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Nov 20, 2009
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COMMENTS TO SEPARATION
by: Anonymous

YES I SUBMIT THE MEMO THE 1ST TIME THIS IS THE 2ND APPEAL AS STATED IN THE MEMO " WE MAY BE ABLE TO PROVIDE PART TIME POSTIONS AFTER THE SEPARATION"BUT DURING THE LAST COUPLE DAYS OF EMPLOYMENT THE EMPLOYER LIE UNDER OATH THAT HE VERBALLY TOLD ME I CAN WORK FOR 4 MORE WEEKS UNTIL THEY FOUND A POSITION FOR ME KEEP IN MIND THEY HAD THE STUDENTS TRAIN BY US READY TO TAKE OVER AND THAT STATEMENT NEVER TOOK PLACE WE WERE FORCE TO LET GO OF OUR POSTIONS TO THIS PERSONNEL WE WERE FORCE TO TAKE THIS PACKAGE BECAUSE OF THE COMPANY LOSING MONEY AND IN HARDSHIP I WAS SUPRISE THAT THE EMPLOYER STATED THAT IT WAS MERELY HE AND SHE SAID PROOF ALMOST ALL THE PERSONNEL HEARD THE VICE PRESIDENT OF THE CO STATED I WAS LAYOFF BUT USE THIS MEMO AS A SKATE GOAT HOW CAN I CONVINCE AND OVERTURN THIS COMMENT THAT THE BOARD TOOK THEIR SIDE ON THIS ONE COMMENT.


Hi,

You couldn't be asking me these questions at a worse time .. after you've already lost your appeal hearing.

You have already been denied unemployment and if I had "spoken" to you before the lower level hearing .. I would have told you to find a corroborating witness to testify with direct knowledge of what the employer stated verbally.

It would have added weight and essentially proven the employer was lying.

Unemployment appeal hearing officers are given wide discretion in "judging credibility".

Additionally, I have neither the transcript or the recording of the hearing .. nor the hearing decision to even begin to try to help you.

2nd level unemployment appeals are very hard to get reversed without pointing out the hearing officers error in application of the administrative rules and procedures for hearings including violations of due process .. I have written information on this very subject of unemployment appeals.

If you want to improve your odds of actually making a valid appeal to a review board .. you should probably contact an attorney to help you.

Nov 20, 2009
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SEPARTATION PACKAGE
by: Anonymous

i WAS FORCE TO TAKE A SEPARATION PACKAGE BECAUSE THE COMPANY WAS DOWN SIZING AND RESOURCE EMPLOYEES FROM JAPAN NO OPTIONS WERE GIVEN AND THE DAY OF THE HEARING THE COMPANY LIE THAT WE HAD OPTION TO WORK FOR 4 WEEKS UNTIL THEY SEEK ANOTHER POSITION TO CONTINUE WORKING SO THAT THEY DO NOT HAVE TO PAID THE UNEMPLOYMENT THE MEMO GIVEN NEVER STATED AN OPTION THIS WAS MANATORY BECAUSE OF THE COMPANY WAS IN A FINANCIAL BURDEN HOW CAN I WRITE OR PROVE THIS AGAIN FOR MY 2ND APPEAL PLEASE HELP ME


Did you submit the memo at the unemployment hearing?

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