Results 1 to 2 of 2
  1. #1
    Join Date
    May 2009
    Posts
    1

    Default "Mutual Agreement" with Employer Cooperation

    My question involves unemployment benefits for the state of: New York.

    I left my job due to a mutual agreement... that's really what it was. Both my employer and I agreed that it was best for us to part ways, and part of the agreement was that they would not challenge my application for unemployment benefits.

    However, I'm trying to apply online, and I don't see an option for "mutual agreement." As you know, the options are: lack of work, quit, discharged/let go, fired, strike/lockout.

    The option that is closest to the truth is "quit." However, I'm afraid that if I put "quit," I am going to get denied the benefits, which to an extent would defeat the point of the mutual agreement.

    I discussed this with my former employer. They said that, as agreed, they will not contest my claim for unemployment benefits. However, they also mentioned that they would not be comfortable with me filing as "lack of work," because, subsequent to our agreement, my replacement was hired (which is true).

    It's a very friendly situation. The company has an incentive to keep a good relationship with me, and there has been talk of future partnerships, so I believe that they will uphold their side of the bargain. However, I keep reading about situations where someone selects "quit" and almost de facto gets denied benefits.

    So I guess my question is this: If I put "quit," then what will actually happen next in the process? Will the government look to deny it, or will they ask my employer first? And if my employer says "we had a mutual agreement, we are fine with him getting benefits," will that be the end of it? Will they even be given the option to say something like that? Are there alternatives?

    thanks...

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,946

    Default Re: "Mutual Agreement" with Employer Cooperation

    Regardless of how you answer, the employer will be contacted and asked for their perspective on how and why you left. The employer is ALWAYS contacted - benefits are NEVER granted without the employer being given the opportunity to have their say. Even if the employer says they are fine with you getting benefits, it will be up to the state to decide if you qualify. Far too many people believe that as long as the employer doesn't challenge, benefits are automatic and that is simply not true. I have had employees denied benefits when I did not challenge and was fine with their getting benefits, because the reason their employment ended did not qualify them for benefits.

    I've never seen the NY form so I don't know what options they have, but I once attached a letter of explanation with the form because none of the options applied and that was accepted by the state. I will point out that my state is not NY.

    1. Sponsored Links
       

Similar Threads

  1. Non-Compete Agreements: Is "United States" Too Broad for a Consultant's Non-Compete Agreement
    By zcobb in forum Resignation and Termination
    Replies: 5
    Last Post: 10-08-2010, 05:46 PM
  2. Non-Compete Agreements: New Employment Agreement, Not Signing is Treated as a "Resignation"
    By some_employee in forum Resignation and Termination
    Replies: 5
    Last Post: 05-26-2010, 06:34 AM
  3. Assault & Battery: I Was Attacked and Can't Charge Because It Was "Mutual"
    By bae in forum Criminal Charges
    Replies: 2
    Last Post: 05-13-2010, 03:59 PM
  4. Assault & Battery: Juvenile "Mutual Combat"
    By obrnyoung in forum Criminal Charges
    Replies: 2
    Last Post: 05-08-2009, 05:18 AM
  5. Mutual Right of Way Being "Stolen"
    By Rev. Zen in forum Easement and Right of Way Law
    Replies: 3
    Last Post: 02-19-2009, 12:54 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document