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 Post subject: Re: What would YOU do?
PostPosted: Sep Tue 12, 2017 3:30 am 
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Good for you. :lol:

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 Post subject: Re: What would YOU do?
PostPosted: Sep Tue 12, 2017 4:24 am 
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fifties wrote:
lexrageorge wrote:
bobwilson1977 wrote:
Is it really worth it? I mean even the top dollar in unemployment payments is pretty minimal. Seriously just say screw it, move on and start enjoying your retirement.

It's definitely worth fighting for it; often, a simple attorney letter is all that's required. It's not like the OP should care about "burning bridges" anymore.

+1. Anytime money is potentially available, one should go for it. There's no downside here, as lexra noted.



You are going to get that UI. Unless they can prove gross misconduct such as theft, it is a no brainer. Don't engage a lawyer for this, total waste of money, just apply. Post back when they find in your favor. And congrats on the new truck and new life.

The age discrimination thing, that is a tough nut to crack. I am sure they kept one guy older than you somewhere. They will fight that tooth and nail because of the liability this would expose them to. This, I would let go. Unless you are so angry you want to make this your life's work.


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 Post subject: Re: What would YOU do?
PostPosted: Sep Tue 12, 2017 4:51 am 
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You're 67 ? I'm 72 and do you know how long it took for me to get to 72, Snap you're fingers that's how long. Every day seems like the blink of an eye. If you can afford to retire, do yourself a favor and retire. You will be needed more retired take my word on this. Good luck to you in whatever you decided on.

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 Post subject: Re: What would YOU do?
PostPosted: Sep Tue 12, 2017 5:17 am 
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Location: Vancouver Island, Canada
The employer says you have voluntarily quit, and people are saying you will get UI? They are dreaming.
Don't want you to get your hopes up. Here in Canada you need to be officially laid off by your employer to be eligible. The reason would be 'Lack of work". Not the case here, from what you've described.
Let it go, and get on with your wonderful retired life. You can get up early, but enjoy the leisurely breakfast of the upper class. You can go out later, avoid the traffic, maybe take a bus or ride a bike. Life is good.

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 Post subject: Re: What would YOU do?
PostPosted: Sep Wed 13, 2017 2:37 am 
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westcoastjohn wrote:
The employer says you have voluntarily quit, and people are saying you will get UI? They are dreaming.
Don't want you to get your hopes up. Here in Canada you need to be officially laid off by your employer to be eligible. The reason would be 'Lack of work". Not the case here, from what you've described.
Let it go, and get on with your wonderful retired life. You can get up early, but enjoy the leisurely breakfast of the upper class. You can go out later, avoid the traffic, maybe take a bus or ride a bike. Life is good.

I don't understand at all this "let it go" advice. In the US, the state unemployment commissions decide eligibility for insurance. It varies a lot by state, but a commission may not agree with the employer's classification of voluntary termination. It's probably less than an hour of paperwork (internet paperwork these days) to file a claim, and probably a 15 minute conversation with an attorney if it comes to that. The unemployment money is not nothing, and the company may not fight all that hard, as it's not their money that's at stake anyway.

The OP can still enjoy retired life, but also benefit from some free money to which he may very well be entitled. But, I will end by saying I don't know all of the facts of the OP's employment situation, so it's ultimately his decision. Either way, I wish the OP a healthy and happy "2nd life".


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 Post subject: Re: What would YOU do?
PostPosted: Sep Wed 13, 2017 7:20 am 
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lexrageorge wrote:
westcoastjohn wrote:
The employer says you have voluntarily quit, and people are saying you will get UI? They are dreaming.
Don't want you to get your hopes up. Here in Canada you need to be officially laid off by your employer to be eligible. The reason would be 'Lack of work". Not the case here, from what you've described.
Let it go, and get on with your wonderful retired life. You can get up early, but enjoy the leisurely breakfast of the upper class. You can go out later, avoid the traffic, maybe take a bus or ride a bike. Life is good.

I don't understand at all this "let it go" advice. In the US, the state unemployment commissions decide eligibility for insurance. It varies a lot by state, but a commission may not agree with the employer's classification of voluntary termination. It's probably less than an hour of paperwork (internet paperwork these days) to file a claim, and probably a 15 minute conversation with an attorney if it comes to that. The unemployment money is not nothing, and the company may not fight all that hard, as it's not their money that's at stake anyway.

The OP can still enjoy retired life, but also benefit from some free money to which he may very well be entitled. But, I will end by saying I don't know all of the facts of the OP's employment situation, so it's ultimately his decision. Either way, I wish the OP a healthy and happy "2nd life".

I agree that it should be explored... remember unemployment payments are NOT a handout or a gift.. NO. It is insurance for which you paid the premium out of every pay check all the years you worked. It's YOUR insurance claim money that you are seeking and may be entitled. It is not like welfare.
It's your insurance benefit money.

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 Post subject: Re: What would YOU do?
PostPosted: Sep Wed 13, 2017 6:52 pm 
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Pbpix wrote:

I agree that it should be explored... remember unemployment payments are NOT a handout or a gift.. NO. It is insurance for which you paid the premium out of every pay check all the years you worked.

Maybe in Joisey, but Google displayed this;
Quote:
People also ask
Who pays for unemployment insurance?
In most states, that money comes from a tax on employers. Businesses pay a certain amount of money into an unemployment insurance trust fund, based on the number of employees they have, their history of laying people off, and the current tax rate. That trust fund then provides the money needed for benefits.

https://www.google.com/search?q=who+pay ... e&ie=UTF-8

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 Post subject: Re: What would YOU do?
PostPosted: Sep Wed 13, 2017 8:08 pm 
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I filed for UI in '79 after new owners bought the newspaper where I'd worked for 12 years. It was like pulling teeth in my "interview" which included fitting the round peg into the square hole to test my abilities for employment. I admitted my plans to earn part-time income in my self-employed photography business while seeking employment that suited me. So then I had to listen to her accusations that I'd charge $600 for a wedding shoot and not report it. Most of my weddings ran a couple hundred tops back then, shooting for friends mostly. She said I'd have to put all that in a closet and only seek "regular" employment. This was quibbling over around $140 a week in UI payments. I told her to roundfile my application and forget it. How demeaning!

Hopefully there's a bit more respect these days.

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 Post subject: Re: What would YOU do?
PostPosted: Sep Wed 13, 2017 11:12 pm 
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REF: https://www.bizfilings.com/toolkit/rese ... ment-taxes

State Unemployment Tax Employer Liability

Similar to how the federal unemployment compensation program is funded, in order to fund each state's unemployment compensation program almost all the states impose unemployment taxes directly on employers. Also similar to the federal system is the fact that except for a few states, you do not withhold these taxes from your employees' wages.

If you have employees in Alaska, New Jersey, or Pennsylvania you will also be withholding unemployment taxes from your employees' wages because these three states assess unemployment taxes on employees.

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 Post subject: Re: What would YOU do?
PostPosted: Sep Thu 14, 2017 12:08 am 
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In my state, that would be "voluntary quitting" and you would not get UI.
Also in my state you have to prove you are looking for a job to continue to get UI, you can't just ride it until it runs out.
They will come and hunt you down or stop payments if you fail to show up for your " follow ups"

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 Post subject: Re: What would YOU do?
PostPosted: Sep Thu 14, 2017 12:18 am 
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Pbpix wrote:
REF: https://www.bizfilings.com/toolkit/rese ... ment-taxes

State Unemployment Tax Employer Liability

Similar to how the federal unemployment compensation program is funded, in order to fund each state's unemployment compensation program almost all the states impose unemployment taxes directly on employers. Also similar to the federal system is the fact that except for a few states, you do not withhold these taxes from your employees' wages.

If you have employees in Alaska, New Jersey, or Pennsylvania you will also be withholding unemployment taxes from your employees' wages because these three states assess unemployment taxes on employees.

Since the OP lives in Georgia, he didn't pay into it.

Doesn't mean that he's not entitled to it though. IMHO his employer is deliberately mis-characterizing his response to an entirely unreasonable demand by them.

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 Post subject: Re: What would YOU do?
PostPosted: Sep Thu 14, 2017 2:49 am 
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fifties wrote:
Pbpix wrote:
REF: https://www.bizfilings.com/toolkit/rese ... ment-taxes

State Unemployment Tax Employer Liability

Similar to how the federal unemployment compensation program is funded, in order to fund each state's unemployment compensation program almost all the states impose unemployment taxes directly on employers. Also similar to the federal system is the fact that except for a few states, you do not withhold these taxes from your employees' wages.

If you have employees in Alaska, New Jersey, or Pennsylvania you will also be withholding unemployment taxes from your employees' wages because these three states assess unemployment taxes on employees.

Since the OP lives in Georgia, he didn't pay into it.

Doesn't mean that he's not entitled to it though. IMHO his employer is deliberately mis-characterizing his response to an entirely unreasonable demand by them.


Let's keep in mind I never said "I quit." I was told by my x-boss that my refusal to take the transfer meant to GM that I "voluntarily quit." There IS a difference. Yes, I have audio documentation and yes it's legal in the state of Georgia if one of the two parties does this. Will I need it? Who knows, but I'd rather have it than not. The bottom line, they're guilty of age discrimination, plain and simple. It's typical corporate.

Probably get flamed on this... I filed for unemployment today and filled out and mailed an EEOC Age Discrimination form. Nothing may come of either, but I feel better for having done it. I'd have been disappointed in myself had I not. Not doing either would have been like just accepting what they did was OK and wouldn't have been any help to those that GM is in the process of doing the same thing to (ongoing). Yes, I can now "let it go," relax and enjoy retirement... with a clearer mind.

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 Post subject: Re: What would YOU do?
PostPosted: Sep Thu 14, 2017 4:00 am 
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Whats all the bickering about whether he should or shouldn't apply for unemployment.
He's made the decision to file for it more power to him. :wink: If he doesn't get it wasn't
because he didn't try. I know in Cal 450.00 a week is nothing to pass up. Anymore you can go out once a week and and apply and write it down on you EI card ( most are done online now) that you are actively looking for work. All the best to you in your retirement,Dnitram :)

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 Post subject: Re: What would YOU do?
PostPosted: Sep Thu 14, 2017 1:35 pm 
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simplex1040 wrote:
In my state, that would be "voluntary quitting" and you would not get UI.


While I cannot speak to the OP's specific situation, in many cases, refusing a transfer is not considered "voluntarily quitting" if the transfer is over some threshold amount of miles (typically somewhere between 50 and 100 miles).

Quote:
Also in my state you have to prove you are looking for a job to continue to get UI, you can't just ride it until it runs out.
They will come and hunt you down or stop payments if you fail to show up for your " follow ups"

Quote:
I filed for UI in '79 after new owners bought the newspaper where I'd worked for 12 years. It was like pulling teeth in my "interview" which included fitting the round peg into the square hole to test my abilities for employment. I admitted my plans to earn part-time income in my self-employed photography business while seeking employment that suited me. So then I had to listen to her accusations that I'd charge $600 for a wedding shoot and not report it. Most of my weddings ran a couple hundred tops back then, shooting for friends mostly. She said I'd have to put all that in a closet and only seek "regular" employment. This was quibbling over around $140 a week in UI payments. I told her to roundfile my application and forget it. How demeaning!

Hopefully there's a bit more respect these days.


These days, most unemployment claims are handled entirely on line. Yes, you are supposed to be actively searching for employment, but the bar for "actively" is set pretty low. I know quite a few folks that never had to do anything other than file the initial claim. A couple of people I know had to attend to a couple of "employment seminars" for a couple of hours. It's really not all that difficult anymore.

EDIT: I should have clarified that the policies and procedures do vary by state. Also, I would expect most states to be more sympathetic to someone of retiree age, whereas they will probably be less sympathetic to an able-bodied adult in their 20's or 30's. But, YMMV.

Quote:
Probably get flamed on this... I filed for unemployment today and filled out and mailed an EEOC Age Discrimination form. Nothing may come of either, but I feel better for having done it. I'd have been disappointed in myself had I not. Not doing either would have been like just accepting what they did was OK and wouldn't have been any help to those that GM is in the process of doing the same thing to (ongoing). Yes, I can now "let it go," relax and enjoy retirement... with a clearer mind.


Good for you, and good luck with everything. Anyone who "flames" you honestly doesn't know what they are talking about and are best put on "ignore". The money isn't nothing, and getting money that you are legally entitled to is your right. It's also your right to decide how far to fight for it, and when to "let it go".


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 Post subject: Re: What would YOU do?
PostPosted: Sep Thu 14, 2017 6:25 pm 
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Dnitram wrote:
Probably get flamed on this... I filed for unemployment today and filled out and mailed an EEOC Age Discrimination form. Nothing may come of either, but I feel better for having done it. I'd have been disappointed in myself had I not. Not doing either would have been like just accepting what they did was OK and wouldn't have been any help to those that GM is in the process of doing the same thing to (ongoing). Yes, I can now "let it go," relax and enjoy retirement... with a clearer mind.

Good for you, Martin! And (as if it mattered) I can't imagine anyone flaming you for trying to obtain $ that's rightfully yours.

IF the UI office denies your claim, you could consider one more step, in having a lawyer who specializes in age discrimination send them a letter. If that's denied, then maybe just drop it.



doug-5er wrote:
I know in Cal 450.00 a week is nothing to pass up.

$450 a week? OMG, I think the last time I filed for it, it was somewhere around $125, and I'd have to stand in line at their office in San Fernando, with my little beige cover book...

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 Post subject: Re: What would YOU do?
PostPosted: Sep Fri 15, 2017 12:03 am 
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Tell you what's really strange. On the day my x-boss said that I had "voluntarily quit," (which I both disputed verbally and in my last email to her) I also asked for their dismissal/separation paperwork to be sent to me ASAP via USPS, UPS or FedEx overnight (not email). I asked for that verbally and in my last GM email to her (copied her 3 bosses). That was Tuesday 9-5 and to date 9-14, I have received nothing. I thought it was the law some sort of paperwork had to be sent. Don't the have a legal obligation to do this? Also haven't gotten my last paycheck, which "should" be deposited tomorrow, hopefully. Also no options sent to get my 401K contributions. Wondering if I'll have to get an attorney? :|

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Last edited by Dnitram on Sep Fri 15, 2017 12:43 am, edited 1 time in total.

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 Post subject: Re: What would YOU do?
PostPosted: Sep Fri 15, 2017 12:41 am 
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When I was a manager at at theatre we had to have their last paycheck no later than 2 weeks after the end of the last pay period in which they worked. So if they quit or were fired during the first week, I had 4 ish weeks. But checks came the week after then end of the pay period so there was never any issue.

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 Post subject: Re: What would YOU do?
PostPosted: Sep Fri 15, 2017 2:42 am 
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Dnitram wrote:
Wondering if I'll have to get an attorney? :|


The 401K information will have to come from whoever is the trustee of the company fund. That will take a few weeks. In my case Merrill Lynch was in charge of our 401K plan and it was I think about a month before I received the last statement and instructions on moving it away from the 401K plan into a Rollover IRA. You have up to I think one year to actually move the 401K away from GM. As to the paperwork from the company I would think they will give you something in writing. I wouldn't at this point be in any big hurry to hire an Attorney. I am thinking that since you were the top sales guy out of the 5 in your area that the company really hasn't any very strong position on denying your UI payments. A little googling says that Fidelity Investments is in charge of your 401K plan.
John k9uwa

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 Post subject: Re: What would YOU do?
PostPosted: Sep Fri 15, 2017 3:05 am 
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Your 401(k) is pretty safe. You could call up Fidelity, but it's possible your ex-employer may not have notified them yet. Large companies sometimes update their employee rosters monthly with the 401(k) trustee.

I wouldn't worry too much, but if it goes another week, you could always call or email and ask if the paperwork has been sent yet.

Definitely check your final payroll statement. You should get paid out any accrued vacation time, as well as any funds held in any sort of escrow for things like employee stock purchase plans.


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 Post subject: Re: What would YOU do?
PostPosted: Sep Fri 15, 2017 3:27 am 
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Don't know what your company's rules are for fully vested in retirement plans.

I would guess that ANY money you put in 401k is ALL yours anytime you leave. But maybe your company was matching funds to a certain amount and they may have a percentage that you are entitled to if you leave before a predefined "fully vested" period.

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