What are an employee’s rightswhen asking for partial unemployment benefits fromtheir employer?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are an employee’s rightswhen asking for partial unemployment benefits fromtheir employer?

How does this work? I teach as an on-line instructor for a large on-line institution (5 years). My hours and course offerings were dramatically reduced. I filed for partial unemployment through my state, VA. The company hired by my employer to handle such claims from employees has been uncooperative in helping to fill out the paperwork needed to get compensation. An associate of this contracted company did fill out 2 months of paperwork but has since refused to do it any longer stating that it is beyond the scope of their obligations. What can I do? Is it at the discretion of the company to pay?

Asked on July 14, 2011 under Employment Labor Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The company can always contest full or partial unemployment compensation. This is why oftentimes the appeals process and even initial application process can take so long! You should talk to the state and apply directly. If this company is not going to help you, keep notes of this and simply apply directly (you don't need a third party) but be prepared to fight an uphill battle if the employer contests the application and benefits you may receive. Make sure when you speak to someone in your telephone interview about those benefits, you make it clear you attempted to file earlier but had a difficult opportunity getting your application properly processed.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption