QUESTION
Collecting unemployment and separation pay at same as advised by ex-employer American Express. They said separation is different than severance.
Asked on Sep 10th, 2014 on Labor and Employment - North Carolina
More details to this question:
The NC Security Employment Commission is now demanding that I repay unemployment benefits, even though I have the rules in writing from AMEX encouraging its ex-employees to sign up for unemployment while also collecting our separation pay. AMEX is refusing to assist when all I did was follow their directions and recommendations. I have already had initial hearing and an appeal that was judged not in my favor. I believe I am in the right and have done nothing wrong. In my initial hearing consultation with the unemployment office, the representative advised me to appeal any judgments against me with the documentation I was able to show her.
1 ANSWER
4 Awards
The Division of Employment Security is concerned about money that you receive from the former employer regardless of what it is called (separation or severance) or the reason you received it (i.e. vacation payout or severance). The advice or recommendation that AMEX gave you is not a defense to the collection action by the DES. Yes, you have a right to appeal any adverse decision of the DES. I recommend that you treat this seriously, appeal, and then retain an attorney to represent you at the hearing.
Answered on Sep 12th, 2014 at 12:25 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.