More details to this question:
Elementary school teacher. I was suspended then terminated for conduct. I was paid during the suspension. The school investigated the issue. I got a lawyer. After 4 months of investigation the school decided to settle. Basically they are paying me my one year salary to end this matter. I'm still waiting for the settlement to be finalized but my problem is now with unemployment. My state denied me unemployment benefits because I was fired for conduct. Can my school pay me a settlement & still terminate me for conduct? The school could have fired me with nothing in return if they thought they had a case against me. They tried to paint me as threat. A 3rd party Dr. ruled I was mentally stable enough to go back to work. Therefore the school settled. But now I'm stuck trying to prove to unemployment that I was not fired for conduct. Is the wording in the final settlement going answer my questions? Can the school settle & still claim I was terminated for conduct?
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The school probably objected to unemployment before you reached a settlement with the school. You can still appeal the unemployment decision if you file the appeal within the proper deadline. You can also ask the school through your attorney, to include a provision saying that the school will not challenge your unemployment claim. If you can still request a hearing on the unemployment claim, (meaning you did not miss the deadline), the school will have to present any evidence they have to prove misconduct. If the school cannot prove this, or agrees to not challenge your claim, you may be entitled to unemployment, or at least would not be denied due to alleged misconduct.
BUT, the salary or payment you are going to get through the settlement may possibly prevent you from getting unemployment if you are still going to get paid from the school.
Answered on Oct 21st, 2013 at 12:31 PM