Decision A0362.06

Case Number Claimant Judge Language Decision date
Decision A0362.06 Hamilton  Sexton  English 2007-03-08
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Commission  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  Monies By Reason of Separation  Compensation other than for the loss of employment income 

Summary:

Subsequent to dismissal of employment as an accountant, the claimant was paid $27,500 under a settlement agreement. The Board ruled that the payment was not earnings as it was paid for not filing a complaint. The Umpire varied the Board's decision by considering that $25,000 of the payment related to the claimant's uncovering of wrongdoing within the Company. Based on the details of the settlement agreement, the Umpire concluded that the $25,000 portion must be considered as having been paid for consideration other than loss of income, i.e. the promise not to report the employer to the authorities.


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