If anyone can provide some guidance or thoughts on this, it would be deeply appreciated. My father was employed for a world known luxury retailer for close to 10 years. In late 2008, because his company was suffering in sales/financially due to the economy, the company offered a pension package to those employed with the company who are over the age of 50. It was also stressed that those who did not accept the package, were not guaranteed to keep their jobs in the future due to the state of business. My father was 62 at the time and decided to take the package at the last minute. His last day of the company was January 31, 2009. Thereafter, based on conversations he had with friends, etc., he was told that he could possibly receive unemployment and that he should give it a try. He filed and he started receiving unemployment benefits in March 2009. With the unemployment extensions that the government has been giving, he's supposed to receive unemployment until the end of 2010. He received a notice from the unemployment office just about 3 weeks ago stating that his former employer is denying him to receive benefits going forward. He also received an additional notice from his former company's legal representation scheduling a hearing this week claiming that my father voluntarily quit and that they are not only denying him future unemployment benefits BUT they also want him to pay back ALL of the unemployment that he has received since March 2009.
Now my father did not voluntarily quit, he felt that he had no choice but to take the package because his job was not guaranteed. A perfect example is his manager, who decided not to take the package and was laid off the week after the pension package deadline, so I'm 100% sure that my father would have been laid off as well. My question is, why didn't his former employer deny him unemployment from the beginning, back in March 2009, and why did they wait until almost 1.5 years to deny him now? This just doesn't seem fair. Doesn't anyone have any experience or thoughts on this. What are the odds of the hearing being in my father's favor? Doe his former employer have a case?
Thanks in advance!