Archive for December, 2011
Ability to Obtain Unemployment Compensation Benefits Stifled: The Effect of Voluntary Resignation and Release as Part of Workers’ Compensation Claim Settlement
As part of the settlement of a workers’ compensation claim, it is common for the attorney representing the employer to require that the injured worker sign a resignation of employment and a general release. After settlement of the workers’ compensation claim is completed, the injured worker often applies for and receives unemployment compensation (UC) benefits.
Not surprisingly, the National Labor Relations Board voted today 2-to-1 to approve a resolution to proceed with a limited number of amendments to the NLRB election process. The following amendments were approved:
- The first proposed amendment gives a hearing officer the authority to limit the pre-election hearing (which determines whether a question of representation exists) to matters relevant to the question of whether an election should be held. This significantly limits the questions that can be raised at the pre-election hearing, such as the appropriateness of the proposed bargaining unit.