Bronx, NY asked in Employment Law for New York

Q: If the person is already on unemployment, then gets a settlement after 30 days. Can he continue the unemployment?

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
PREMIUM
Answered
  • Tarrytown, NY
  • Licensed in New York

A: If at least 30 days pass between an employee's date of separation and their first payment of severance or dismissal pay then the severance or dismissal pay should not affect unemployment benefits so long as the person otherwise qualifies for unemployment benefits. This is a general statement and any misrepresentation to the DOL can be fatal. Also, note that no employer decides whether any employee qualifies for unemployment benefits. That decision is solely within the discretion of the DOL as mandated by state law and case interpretation. Also, the DOL has the authority to demand production of any severance agreement for review the same as they do to obtain payroll records and any other relevant documents.

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