Legal Question in Employment Law in Massachusetts
unemployment
I accepted a settlement from my former employer, I sued for wrongful termination, they refused to reinstate me but offered me $ and a promise not to appeal any favorable decision on my behalf from unemployment. my question then would be isn't the fact that they offered a settlement an admission that they were wrong, and what should I tell unemployment about the settlement? So if they decide to decline my unemployment application, and I appeal and my former employer doesn't show up for the hearing do I automatically win? One third of the settlement is to my lawyer, the rest is for overdue bills, Ive been out of work since 2/27/09, will unemployment consider that ''back pay''? Thank you
1 Answer from Attorneys
Re: unemployment
The settlement is likely NOT an admission of wrongdoing or liability; it simply reflects the employer's decision to end the dispute, for whatever reason.
Although I am not in position to answer the balance of your question, probably the employer's agreement not to dispute unemployment means you would receive benefits if you are otherwise entitled to them.