CanI be denied a retroactive unemployment check if I was ultimately approved to collect both unemployment benefits and severance concurrently?
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CanI be denied a retroactive unemployment check if I was ultimately approved to collect both unemployment benefits and severance concurrently?
I was laid off by a casino. It offered me a severance package which I agreed to. I was also told to file for unemployment immediately after the layoff. At which point, the unemployment office stated that the case needs to be reviewed and it would take some time. 45+ days later, I got an answer from the unemployment office, that I am allowed to collect both severance from the company along with my weekly unemployment checks. However, I was told that I cannot be paid a retro check for the 6 weeks of unemployment. Is this legal?
Asked on October 30, 2010 under Employment Labor Law, Connecticut
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It does sound a bit odd the way that you have represented the events as they have unfolded here. Were you given any unpaid vacation time or any unpaid sick leave that would amount to those 6 weeks? I would simply ask unemployment for the reasons that they are denying the 6 weeks. You have a right to know AND you have a right to appeal the decision should you think that you are indeed entitled to the money. It may take a very long time and a very long process to appeal (and I hope that it does not hold up the rest of your benefits) so you may have to decide if in fact it is worth it to you. If the severance can hold you over for a while then it may be. Good luck.
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