Employment Law/unemployment

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Question
Shirley,

I recently sold the assets of my Sub S corp that I have owned for over 12 years in the state of AR.  In doing so I had to sign a non-compete agreement for the next 5 years.  I am in the process of re-training in a new career field but that will take a few more months.  I have applied for unemployment and have been told that I have to prove that I had to prove that I had to sell the business, that it was in financial distress, that was after the initial conversation with dept of work force said I could not get benefits because I put down that I quite my job, there was not an option for what really happened.  I own 96% of the Sub S corp.  If they deny my claim what would you suggest be the next step?

Answer
If your unemployment claim is denied the next step would be to ask for a hearing. You are allowed to ask for a hearing if your claim is denied. If you can prove at the hearing that you were forced to sell your business than your unemployment will be restored.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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