| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| earnings |
Monies By Reason of Separation |
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Summary:
The Commission was informed that the claimant would be receiving monies as a payment in lieu of notice, a severance pay, and his vacation pay as well as an amount in return of employer contributions. The amounts received constituted earnings which had to be allocated. The situation in this case was complicated because the claimant’s employer had filed for bankruptcy and the claimant received his payment after he had received his employment insurance benefits. Fortunately, part of the overpayment had been reimbursed directly by the Trustee in Bankruptcy. In his appeal to the BoR the claimant submitted that he was being penalized for occurrences that had been out of his control. He noted that he had been laid off months before his employer had gone bankrupt. The uncontested evidence in the case is that the claimant had received monies following his termination of employment. The appeal by the claimant is dismissed by the Umpire.
