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Deduction of unemployment compensation benefits from back pay awards

Article Abstract:

Arbitrators are split on whether they should deduct unemployment benefits from back pay awards, but the Supreme Court and the NLRB do not permit such deduction. The Supreme Court addressed deuctions of unemployment compensation from back pay awards in two cases involving the National Labor Relations Act in the 1940s. Arbitrators are not required to authorize such deduction and should not automatically do so. If deduction is permitted, the arbitrator must protect the employee and the "make whole" remedy by allowing the deduction only if the employee reimburses the state agency.

Economic aspects, Laws, regulations and rules, Employee dismissals, Employment terminations, Employment at will

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Unemployment compensation: survey and update

Article Abstract:

Unemployment compensation was created in the Social Security Act of 1935 to partially compensate employees who lose their jobs but are not at fault while they actively search for another position. Limitations include misconduct charges, voluntary quitting or dismissal for drug use. Employers and employees need to know their rights and employers should provide information about employee dismissals to the unemployment office promptly. Different aspects of the compensation laws are analyzed.

Unemployment Insurance, Administration of Human Resource Programs (except Education, Public Health, and Veterans' Affairs Programs), Surveys, states

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