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Old 08-09-2015, 07:11 PM
 
1 posts, read 839 times
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In February my position was eliminated with the company that employed me. When I was hired in September of 2013 I negotiated a signing bonus that was to be paid to me on the first pay period of 2014. This was clearly stated in my employment contract. The company was sold in December of 2013. The new ownership paid the bonus in January of 2014 as negotiated in the employee contract they purchased. I worked for the new ownership through February of 2015. They then eliminated my position. I immediately filed for unemployment. I was denied do the fact that the first quarter (Jan - March 2014) of my base pay period was higher than the other three periods combined. Naturally the process required a number of trips to the employment office and many phone calls to Indianapolis for me to understand the reason for the denial. I was told by agents at the unemployment office and in Indianapolis that the bonus should not be a factor when determining my base pay. I even spoke with an unemployment attorney. He said my case was unusual but he felt I should be entitled to unemployment compensation. I have filed for an appeal and received the date of the hearing and for the first time a complete written explanation as to why I was denied. In the exhibit IC 22-4-4-1 it states that bonuses are considered as part of "Remuneration" (wages). It appears slim that I may win the hearing. I am fifty nine years and having a very difficult time finding a position that compensates me even close to the one that I just lost. I am concerned that I will not win at the hearing and wondering if I can refile for unemployment. If I refile will my base period now be calculated five quarters back from July of 2015 rather than February of 2015 when I was laid off. If so this would than eliminate the first quarter of 2014 where my my bonus was calculated in my base pay. If I can refile for unemployment I would prefer to cancel the hearing rather than loose and be unable to refile. Any advise would be great.
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