Daniel Nicholas Janich's Answers

Daniel Nicholas Janich
Chicago Employee Benefits Lawyer.
Contributor Level 6

1

Attorney answers:

  1. Daniel Nicholas Janich

Regarding: Employment Separation Agreement and General Release My employment ended May 26, 2009; involuntarily termination

Asked by a user in Houston, TX - almost 3 years ago.

Kim: Not likely. You should contact the local office of the state employment security agency to file for unemployment benefits as soon as possible. Whether the release that you signed would prevent you from collecting benefits from your former employer may depend upon Texas state law. Many states expressly state in their statutory provisions that a release of employment claims will not preclude one from obtaining unemployment benefits to which an employee may otherwise be entitled to...

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1

Attorney answers:

  1. Daniel Nicholas Janich

Misclassified employee needs unemloyment benefit help.

Asked by a user in Tampa, FL - almost 3 years ago.

Assuming that the deadline has not yet passed, you can file for unemployment, but you are likely to be told that you are not eligible because you were considered to be an independent contractor. If you want to challenge your classification as an independent contractor, you should contact the Internal Revenue Service and assert that your former employer had failed to withhold federal and state taxes from your wage payments. This may start an investigation into your employer's classification of...

1

Attorney answers:

  1. Daniel Nicholas Janich

Insurance benefit cancelled

Asked by a user in Dallas, TX - over 3 years ago.

What is not clear from your question is whether your employer's health coverage terminated for all employees or just for you. Assuming that the question pertains only to an individual loss of coverage, what were the reasons why your coverage terminated? When did it terminate -- while you were still employed with the company or after you terminated your employment? Were you required to pay any portion of the monthly premiums for your health coverage while you were employed? If so, did you...