To All Members
February 17, 2005
With all the numerous questions surrounding the Voluntary Separation Agreement, unemployment questions arise regularly. Unemployment is not a contractual issue, but more so, a State benefit issue. For this reason, I have acted on behalf of this membership, and posed several questions to Mike Okun, a North Carolina Attorney for unemployment issues. While it is virtually impossible for me to ask every question that may arise in such short notice, I believe the most pressing questions referred to your rights under the law and signing of the separation agreement, and whether you would be entitled to unemployment benefits from the state or not.
First of all, an individual can not waive, or be made to waive, your ability to file a claim for benefits. Mike recently spoke with the Chief Council for the North Carolina Employment Security Commission about this matter. He reports that the Commissions view is that any employee who voluntarily retires or takes early retirement will be disqualified from receiving unemployment benefits. The Commission has no precedent as to others who agree to leave but are not retiring or taking early retirement; the Commission will look at all the circumstances in each case. It is Mike’s view that where an employer decides to lay off a set number of employees and then allows voluntary separation in lieu of junior employees involuntarily laid off, those individuals voluntarily separated is for good cause and attributable to the employer, so they should be eligible to receive benefits. However, this will have to be argued before the Commission in the event U S Airways disputes your claim.
Employees who decide to accept the Company’s offer should pursue claims for benefits, assuming they are otherwise eligible, and seek advice from counsel when pursuing their claims. This local will retain Mike Okun to argue one case related to voluntary separation, the first known eligible claim by a member in good standing contested by the company, in order to set a precedent for any future claims.
As for Workers’ Compensation claims, Mike advised me that a workers’ comp claim can not be settled without approval of the Industrial Commission, so signing the release would be no bar to such claims. Anyone with a current claim would be advised to talk with their lawyer about their particular claim.
I hope this information helps in your decision making for future plans.
Fraternally,
Bill Wise
Local Lodge 1725 President
