Thread regarding Sears layoffs

Unemployment Question

When applying for unemployment do you put both transform co and Sears holdings? What date did we start working for transform?

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| 1163 views | | 11 replies (last February 4, 2020) | Reply
Post ID: @OP+13j3MBGa

11 replies (most recent on top)

I signed the agreement when they made us and still got unemployment after with no problems

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Post ID: @2mqy+13j3MBGa

Anyone laid off can get Unemployment in any 50 state, Guam, Puerto Rico, USVI, American Samoa, etc.. Just file in the state you worked. Simple as that. You don't have to "put" any employer down. When you file, they can look up by your SS #, your employment history. It's very simple, and within 1-2 Weeks, you should have your First Check.

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Post ID: @1bvt+13j3MBGa

A quick check on Free Legal Advice:

"I do not believe that a company can make you give up unemployment rights, since unemployment is NOT something provided by the company; they may pay an assessment to the government on their payroll, but it's the government that provides unemployment insurance. As such, the company would seem to have no more right to prevent you from getting unemployment than they could prevent you from collecting SSI or social security. If you were terminated, rather than resigned, you should be able to collect unemployment–even if you had signed the agreement–and you should certainly apply for it."

https://ask-a-lawyer.freeadvice.com/law-questions/can-a-employer-have-you-s-67052.htm

This is in New York, each State has their own variants. You need to check with your State's unemployment office.

If you are laid off, APPLY FOR UNEMPLOYMENT. YOU paid into this. This is YOUR insurance.

As and FYI, companies have people sign unenforceable agreements all the time and hope you are daunted into complying.

In a worst case scenario, Transformco may contest it, but I highly doubt they will, as it will require them to spend time arguing with the State, and with you (by the way, this is why there are HR departments – they are there to navigate "safe" ways to let you go so the company doesn't have to worry about any after the fact churn.

Transformco is counting on you simply accepting their terms. Don't make their life easier. File.

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Post ID: @1ycr+13j3MBGa

That sounds very fishy. I don't think you can waive the rights to unemployment. They may try to intimidate you into thinking that, and maybe that is permissible in some states, but a bit of Googling shows it can't be enforced in most states

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Post ID: @1jix+13j3MBGa

In most states any employer clause prohibiting workers from filing for unemployment compensation when laid off by no fault of the employee is considered unenforceable. Don't leave YOUR rights on the table - contact your state employment commission office.

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Post ID: @1lug+13j3MBGa

Signing that Arbitration agreement waived rights for unemployment benefits from the state? Hmm (looks for that old paper)

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Post ID: @1pyw+13j3MBGa

Yes you let me find out someone collects unemployment, and I will file a law suit against Eddie. We didn't get unemployment from our store in Burlington Sears when it closed. State said we're unable to receive any unemployment due to us waiving our priveliges in the paperwork we were forced to sign. So if they've changed it I need to know cause that's BS

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Post ID: @1hbl+13j3MBGa

You don't get any unemployment due to the fact of you signing that agreement remember?? You waived all those things by signing, but if you didn't you'd of been fired anyway lol

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Post ID: @1yiq+13j3MBGa

I used May 5th but is seems liked IDES figured it out regardless. It started right away and has been fine.

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Post ID: @dbk+13j3MBGa

Look at old pay stubs, but I believe for most people it was around May 4 when the changeover happened.

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Post ID: @gow+13j3MBGa

Different dates for different groups of people. Look at your pay stubs to see when the company name changed.

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Post ID: @hcb+13j3MBGa

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