Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Ohio, WARN class settlement and unemployment

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Ohio, WARN class settlement and unemployment

    Last January the company I worked for laid off 123 people. A few months later they closed their doors for good. We were given no severance, no advanced notice of the lay-off. I collected unemployment until the end of March when I found a new job. An ex-coworker pursued a WARN class litigation. 2 days ago I received a letter in the mail concerning the hearing for the final approval of the proposed settlement. The amount of money expected per employee is $623.77 (after fees). I have the option of opting out by April 2nd.

    Here are my questions... If I receive the settlement cash will the unemployment agency in Ohio require that I send them the money I have received? Or worse could they require that I send them back more than I have received from the settlement? I've called the law firm involved in the case but wasn't given an answer. I called and asked the unemployment agency directly but was only told that they will review it after they receive notice from the court of the settlement. I wouldn't mind giving unemployment the $623.77 but I can't afford to end up owing them more than I receive from the settlement.

  • #2
    That was money that should have been issued to you prior to the closing of your office. Your employer was in violation of the WARN act.

    I had a similar experience a few years ago, but my employer was careful to be in compliance with the law.
    I was able to file for unemployment immediately after the closing of my office. I did receive my severance pay prior to closing and that did not effect my unemployment in any way.

    Comment


    • #3
      I was under the impression that if my employer had given me 60 days pay and benefits as required by the WARN act I would not have been allowed to collect unemployment until after that 60 days was up.
      Do the laws for unemployment differ from state to state?

      Comment


      • #4
        Originally posted by Bluecollarworker View Post
        I was under the impression that if my employer had given me 60 days pay and benefits as required by the WARN act I would not have been allowed to collect unemployment until after that 60 days was up.
        Do the laws for unemployment differ from state to state?

        Good question. I filed for unemployment the day after the office closed and started receiving the checks within 3 weeks.

        The only thing is they don't pay for you for the first week, but that's standard. This was in California.

        Comment


        • #5
          Yes, unemployment laws vary by state.

          In my state, there is also a one-week waiting period; however, whether or not severance pay delays the start of your benefits depends on whether you had to sign a waiver to get it. I've never run into "pay in lieu of notice" as an issue but there are as many ways of arranging things as there are states.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            I am going to opt out of this suit. I only stand to get $1,000 and that's before attorney fees, court fees and taxes. All of that combined with the question of how the Ohio Unemployment agency is going to look at the $1,000.

            If it were possible for me to receive the equivalent of 60 days pay and benefits it might be worth all of the hassle.

            It's been a year since the company closed, the suit won't restore the company or give me my old job back. I'm just tired of thinking about it all and just want to move on.

            Thanks.

            Comment

            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
            Working...
            X