Reinsurance

While buying health insurance plans, or Mediclaim policies, we are so ecstatic about getting insurance, that we forget it is an investment, and all investments have some factor of risk. Many insurance companies may then have to face the brunt of this risk, resulting in them shutting down, or having to let a number of employees go so that they can continue to do business. However, word of mouth can be truly harmful and a company may no longer get clients once they make a mistake and risk somebody's money. Because of the risks involved in investing, and even insuring, reinsurance companies have emerged in a big way. Apart from simply transferring the risk, reinsurance can also increase the predictability of an insurance company's results. This is possible because the reinsurance absorbs larger losses, and so the amount of capital needed to provide coverage is reduced.

There are many different types of reinsurance.

1. It could be proportional, in which case one or more reinsurer's will simply take a stated percentage of each policy that the insurer provides. The reinsurer will thus receive that percentage of premiums, or will have to pay that percentage of claims if necessary.

2. Reinsurance could also be non-proportional. Here, the reinsurer is only required to be paid if the insurer suffers a total claim more than a stated amount in a given time period. This is known as retention or priority.

3. Risks attaching basis, losses occurring basis and claims-made basis are the other types of reinsurance seen. All of these transactions or dealings are carried out with the help of contracts that generally cover more than one policy.

4. Apart from this, reinsurance can also be purchased one a per policy basis, and this is known as facultative reinsurance.

Insurance companies may sometimes want to sell policies, or offer insurance in areas where they may not have a license to do so. For example, a company may want to offer insurance to a multinational company and cover liability risks in different countries around the world. To be able o do this, they can find a local insurer to issue policies covering the risks in those countries and then enter into a reinsurance contract with them. This is known as fronting, and in the event of a loss, the policyholder would file a claim under the local insurance policy, and the local company would pay the claim, and then be reimbursed under the reinsurance contract. Many companies offering Mediclaim in India, or accidental insurance are now entering into reinsurance contracts, as it helps to diversify and lessen the risk, thereby making the company seem stronger to the public and getting them more clients.

Reinsurance is new concept rising in health insurance industry now days. Get detailed information about reinsurance, mediclaim, accidental insurance and health insurance plan in this post.

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Need a Pittsburgh Unemployment Compensation Lawyer?

We Have Affiliated With an Attorney in Pittsburgh Who Specializes in Pennsylvania Unemployment Compensation Hearings

The Steel City

Unemployment benefits are very important to those in need.  Finding high quality, experienced lawyers who regularly handle unemployment contests was not easy.  I do not practice near Pittsburgh, but do get a lot of calls from people in that area seeking a referral.  I did some digging and found a great lawyer in Pittsburgh who regularly handles Unemployment Compensation Hearings.

So, if you call our office or complete our Contact form, we will connect you with him, and you will have an opportunity to retain an appropriate attorney to handle matter.

Have an Unemployment Claim in Pittsburgh, Squire Hill, Mt. Washington, Green Tree, Dormont, Crafton, Baldwin, Thornburg, Carnegie, Stowe, Rosslyn Farms or Mt. Lebanon? What is Misconduct Under Pennsylvania Unemployment Law?

Just look to the left and click on the icon that addresses this question. 

Pittsburgh, Pennsylvania Attorney Handling Unemployment Claims in Allegheny County, Westmoreland County, Indiana County, Armstrong County, Butler County or Washington County  - Can I Quit My Job and Get Unemployment Benefits in Pennsylvania?

 Just look to the left and click on the icon that addresses this question.

Need Pennsylvania Unemployment Lawyer Near Oakland, Shadyside, Clarion, Clearfield, Indiana or Punxsatawney?

Our FAQ page on Pennsylvania Unemployment, which is to your left, discusses virtually every facet of Pennsylvania Unemployment law, and provides some direct answers, too.  Just click and go!.

Pittsburgh-Area Unemployment Claims Lawyer Handling Referee Hearings in Pittsburgh Area

Finally, Unemployment Hearings in Pennsylvania, like those in Pennsylvania, often yield sworn testimony from employer witnesses.  This testimony can later be used to your great advantage during the prosecution of claims for illegal discrimination, retaliation, wrongful termination, etc.  An experienced attorney is essential to skillfully executing such a strategy.  Our Pittsburgh attorney frequently prosecutes such claims, and will be able to adroitly navigate you through any litigation process as needed.

Call us at 610-647-5027, or complete our Contact Form, if you are interested in referral to a Pittsburgh Unemployment Compensation Attorney.

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination to wage and overtime claims, from discrimination and retaliation laws to Family and Medical Leave, from worker misclassification issues to non-compete agreements…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

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What is Misconduct Under Colorado Unemployment Law?

 Below is an excerpt from a 1986 decision issued by Colorado"s Court of Appeals

Not Enough to Disqualify You
 if You Were Working to the Best of Your Ability

An eligible individual is entitled to a full award of benefits if she becomes unemployed through no fault of her own. Section 8-73-108(1)(a), C.R.S. (1985 Cum. Supp.); Sims v. Industrial Commission, 627 P.2d 1107 (Colo. 1981). In this regard the concept of fault means a volitional act, and is not necessarily related to culpability...Thus, in the absence of a volitional act by the employee, there can be no fault on her part within the meaning of the unemployment statute. 

Undisputed testimony established that the reasons for claimant's pay cut were her undependability and scheduling problems, and that if these problems had not occurred, the store manager would have been willing to continue to pay her at the higher rate. The Commission found, further, that claimant was given no notice that her performance was unsatisfactory. Claimant, thus, had no opportunity to correct the problem and remain at her higher rate of pay. Under these circumstances, the lack of notice to claimant of allegedly unsatisfactory job performance rendered unreasonable the subsequent reduction in pay under the provisions of § 8-73-108(4)(e), C.R.S. (1985 Cum. Supp.). It cannot be said, therefore, that claimant was at fault in her separation from employment.

Rulon v. Industrial Com. of State, 728 P.2d 739, 741 (Colo. Ct. App. 1986)

I Need a Colorado Unemployment Attorney

All Colorado UC Hearings Are Conducted Via Telephone,
So Our Denver Unemployment Lawyer
Can Help You Wherever You Are

Need a referral to a Colorado Lawyer specializing in Unemployment Compensation Claim Hearings? Call us or complete our Referral Contact page and we will (at no charge to you, of course) connect you to competent counsel experienced in such claims.  

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination to wage and overtime claims, from discrimination and retaliation laws to Family and Medical Leave, from worker misclassification issues to non-compete agreements…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

Click Here to e-mail John directly.

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San Diego, California Unemployment Compensation Lawyer

We Have Affiliated With an Attorney in San Diego Who Specializes in Unemployment Compensation Hearings

Unemployment benefits are very important to those in need.  Finding high quality, experienced lawyers who regularly handle unemployment contests was not easy.  However, I did some digging and found a great lawyer in San Diego who handles Unemployment Compensation Hearings on a regular basis.

Beautiful San Diego

So, if you call our office or complete our Contact form, we will connect you with him, and you will have an opportunity to retain an appropriate attorney to handle matter (there is no charge for this courtesy).

Click Here for the California Unemployment Guide.

Have an Unemployment Claim in San Diego, Poway, Chula Vista, La Mesa, Carlsbad, Santee, Escondido, San Marcos, Encinitas, Ramona, Coronado or Del Mar? What is Misconduct Under California Unemployment Law?

Although I cannot provide legal advice on California law, I can pass along some basic legal principles I learned from researching the relevant law.  This task is made easier because California’s Unemployment processes and rules are rather similar to those in Pennsylvania.

For example, a claimant can be denied benefits only if he/she was terminated "for just cause" (i.e. misconduct). 

Perceived Poor Performance Not Disqualifying if You Were Working to the Best of Your Ability

Moreover, if you were terminated due to alleged poor performance, you are entitled to received Unemployment Benefits under California law.

San Diego, California Attorney Handling Unemployment Claims in Orange County, Riverside County and Imperial County  - Can I Quit My Job and Get Unemployment Benefits in California?

If This is Your Boss - You Can Quit and Get UC Benefits!

 Under California law, Under California law, you may be entitled to California Unemployment Benefits even if you quit your job if you had good reason to do so. For example, if you were subject to a significant reduction in hours or compensation through no fault of your own, have been exposed to an unduly harsh/unsafe work environment, etc., you may quit and still get benefits.

Need California Unemployment Lawyer Near Alpine, Barrett, Camp Pendleton, Campo, De Luz, Fallbrook, Granite Hills, Jacumba, La Jolla, Lake San Marcos, Lakeside, Mazanita, Pine Hills, Ramona, Ranchita, Tecate or Winter Gardens?

California decides unemployment claims via a) an administrative claim process; b) a right to appeal from the administrative decision; and, most importantly, c) a Hearing before an Administrative Law Judge. I can assure you, having an attorney represent you at such a Hearing is often the difference between winning and losing your claim.

San Diego-Area Unemployment Claims Lawyer Handling Referee Hearings in San Diego Area

Victim of Discrimination?

Finally, Unemployment Hearings in California, like those in Pennsylvania, often yield sworn testimony from employer 
witnesses.  This testimony can later be used to your great advantage during the prosecution of claims for illegal discrimination, retaliation, wrongful termination, etc.  An experienced attorney is essential to skillfully executing such a strategy.  Our San Diego attorney frequently prosecutes such claims, and will be able to adroitly navigate you through any litigation process as needed.

Call us at 610-647-5027, or complete our Contact Form, if you are interested in referral to a San Diego Unemployment Compensation Attorney.

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination to wage and overtime claims, from discrimination and retaliation laws to Family and Medical Leave, from worker misclassification issues to non-compete agreements…

NOTE:  Many employment claims are based upon federal laws which are similarly applied by many states. 

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

NOTE: Pennsylvania and California unemployment law are in many respects similar, so the basic principles discussed in the above-link may be informative; however, only a California attorney can truly guide you through the California unemployment claim process.

Thanks for checking in with us. 

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Am I Eligible for Unemployment Benefits if I am Out on Family Leave?

You Can Get Unemployment Compensation if You Are Out on Family Leave Because of Your Own Serious Health Condition

You are out on Family Leave due to a medical condition that enables you to do some, but not all, of your job duties.  Click Here to learn more.

If I Need to Take Intermittent FMLA Leave to Care for a Loved One, Can I Get Unemployment Compensation?

Unemployment Benefits May Make This More Manageable

You also have a good shot at getting UC Benefits if your FMLA leave is necessary to care for a loved one. This often arises when the employee seeks a reasonable alteration of his/her schedule, and that request is denied.  In such scenarios, an employee will often take intermittent FMLA leave.  If you are an hourly employee and this costs you lost wages, you can apply for and likely will be entitled to UC Benefits.

These can be highly complicated claims, so best to consider seeking counsel if you plan on attempting to navigate these waters.


Click Here to learn about interplay between FMLA, STD Benefits and Unemployment law.

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination to wage and overtime claims, from discrimination and retaliation laws to Family and Medical Leave, from worker misclassification issues to non-compete agreements…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

Click Here to e-mail John directly.

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Can I Get Unemployment if I am Out on Disability Leave?

Can I Receive Unemployment Compensation Benefits if I am Out on Sick Leave?

Yes.  However, it may be a somewhat tricky proposition.

You May be Eligible for Unemployment Benefits if You Are Out on FMLA Leave Due to Your Own Medical Condition

Here is the key: 

If you are able to perform some, but not all, all your job duties, and are therefore either placed on leave by your employer or forced to take leave, you may be eligible for Unemployment Benefits provided that you are able and available for suitable work. 

NOTE:  If you are out on leave to care for a loved one who is injured, you may be entitled to UC Benefits. Click Here for more.

I am Out on Pregnancy Leave - Am I Allowed to Get Unemployment Benefits?

Here is a classic (and rather common) example:

If You Are Pregnant, You May be Eligible
 for Unemployment Compensation Benefits

Nurses' Assistant ("NA") who is pregnant has note from doctor saying she cannot engage in heavy lifting, which is about 20% of her job, and therefore needs light duty.  NA gives note to employer. Employer says it does not offer light duty and that NA must go out on FMLA Leave.

NA goes out on FMLA Leave, and files for UC Benefits.

She is likely eligible for UC Benefits because her request for light duty was reasonable and supported by a doctor's note, and she is able to perform a wide variety of jobs for which she is qualified (just not the heavy lifting function).

Disability Leave and Unemployment Compensation Claims Can Go Together

These cases can be very tricky.  However, they are quite winnable.  I suggest, though, that you seek counsel before you actually present your doctor's note to the company.  Companies know how this works, and may try and do an end around to stop you from getting UC Benefits.

If it is too late for such strategizing because you are already in the UC Claims process, then you can certainly still win, but these are among the trickiest UC cases, so you may want to retain an attorney to help you.

Click Here to learn about interplay between FMLA, STD Benefits and Unemployment law.

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination to wage and overtime claims, from discrimination and retaliation laws to Family and Medical Leave, from worker misclassification issues to non-compete agreements…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.

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Sacramento, California Unemployment Compensation Lawyer

We Have Affiliated With an Attorney in Sacramento Who Specializes in Unemployment Claims

Unemployment benefits are very important to those in need.  Finding high quality, experienced lawyers who regularly handle unemployment contests was not a simple endeavor.  However, I have located an attorney in Sacramento who has substantial experience (and success) in handling unemployment claims. 

Sacramento -Tower Bridge

So, if you call our office or complete our Contact form, we will connect you with him, and you will be connected directly to an experienced attorney who has handled hundreds of unemployment hearings in the Sacramento area.

Click Here for the California Unemployment Guide.

Have an Unemployment Claim in Sacramento, Davis, Woodland, Fair Oaks, Land Park, Folsom, Rocklyn or Roseville? What is Misconduct Under California Unemployment Law?

Although I am unable to provide legal advice on California law, I can pass along some basic legal principles I gleaned from researching the relevant law.  This task is made easier because my research has disclosed that unemployment claims in California are rather similar to those in Pennsylvania in a number of important respects. 

For example, a claimant can be denied benefits only if he/she was terminated due to "misconduct."  This is, of course, one of the more common areas of dispute in unemployment compensation cases.

"Bad Grades" Not Disqualifying,
Provided You Were Trying Your Hardest

Moreover, if you were terminated due to alleged poor performance, you are in many cases able to received Unemployment Benefits under California law.  Be aware, though, this is a common area of dispute, and employers are well- schooled on how to make your alleged poor performance appear to be the product of your laziness, insubordination, etc., which are disqualifying factors.  Thus, "poor performance" cases are certainly matters in which you would benefit from having counsel!

Sacramento, California Attorney Handling Unemployment Claims in Sutter County, Yolo County, Solano County, Contra Costa County, Amador County, San Juaquin County, El Dorado County or Placer County? - Can I Quit My Job and Get Unemployment Benefits in California?

You Can Safely Quit This Job

Under California law, you may be entitled to California Unemployment Benefits even if you quit your job if you had good reason to do so. For example, suffering a  significant reduction in hours or compensation through no fault of your own, being subjected to an unduly harsh/unsafe work environment, etc.

Need California Unemployment Lawyer Near Citrus Heights, Elk Grove, Folsom, Galt, Isleton, Rancho Cordova?

California decides unemployment claims via a) an administrative claim process; b) a right to appeal from the administrative decision; and, most importantly, c) a Hearing before an Administrative Law Judge. Just as in Pennsylvania, having an attorney represent you at this all-important Hearing may spell the difference between winning and losing your claim.

Sacramento-Area Unemployment Claims Lawyer Handling Referee Hearings in Sacramento Area

Discriminatee?

Finally, Unemployment Hearings in California, like those in Pennsylvania, often yield sworn testimony from employer witnesses.  This testimony can later be used to your great advantage during the prosecution of claims for illegal discrimination, retaliation, wrongful termination, etc.  An experienced attorney is essential to skillfully executing such a strategy.  Our Sacramento attorney frequently prosecutes such claims, and will be able to skillfully navigate you through any litigation process as needed.

Call us at 610-647-5027, or complete our Contact Form, if you are interested in referral to a Sacramento Unemployment Compensation Attorney.

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination to wage and overtime claims, from discrimination and retaliation laws to Family and Medical Leave, from worker misclassification issues to non-compete agreements…

NOTE:  Many employment claims are based upon federal laws which are similarly applied by many states. 

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

NOTE: Pennsylvania and California unemployment law are in many respects similar, so the basic principles discussed in the above-link may be informative; however, only an California attorney can truly guide you through the California unemployment claim process.

Thanks for checking in with us. 

You have read this article with the title 2014. You can bookmark this page URL http://clapclapclappp.blogspot.com/2014/01/sacramento-california-unemployment.html. Thanks!

Cleveland, Ohio Unemployment Compensation Attorney

Heart of Rock'n Roll Still Beating, In Cleveland

We Have Affiliated With an Attorney in Cleveland Who Specializes in Unemployment Claims

Unemployment benefits are very important to those in need.  Finding high quality, experienced lawyers who regularly handle unemployment contests was not a simple endeavor.  However, some due diligence led me to an attorney who fit my criteria located in Cleveland.  Since Ohio unemployment Hearings are conducted via the telephone, she can represent citizens located anywhere in Ohio. 

So, if you call our office or complete our Contact form, we will connect you with her, and you may feel confident that you will be able to secure a qualified, experienced attorney who has handles hundreds of unemployment hearings throughout Ohio (for what I find to be a very reasonable fee).

Click Here for the Ohio Unemployment Guide.

Have an Unemployment Claim in Cleveland, Columbus, Akron, Cincinnati, Dayton, Toledo, or Youngstown? What is Misconduct Under Ohio Unemployment Law?

If You Tried Your Best, Mere Alleged Poor Performance
is NOT Disqualifying

Although I am unable to provide legal advice on Ohio law, I can pass along some basic legal principles I gleaned from researching the relevant law.  This task is made easier because my research has disclosed that unemployment claims in Ohio are rather similar to those in Pennsylvania in a number of important respects. For example, a claimant can be denied benefits only if he/she was terminated "for just cause" (i.e. misconduct). Moreover, if you were terminated due to alleged poor performance, you are entitled to received Unemployment Benefits under Ohio law.

Cleveland, Ohio Attorney Handling Unemployment Claims in Cuyahoga County, Columbus County, Franklin County, Hamilton County, Stark County and Montgomery County - Can I Quit My Job and Get Unemployment Benefits in Ohio?

A Boss Like This Could Justify Quit

 Under Ohio law, you may be entitled to Ohio Unemployment Benefits even if you quit your job if you had good reason to do so. For example, suffering a  significant reduction in hours or compensation through no fault of your own, being subjected to an unduly harsh/unsafe work environment, etc.

Need Ohio Unemployment Lawyer Near Wetherington, Grandview Heights, Westerville, Medina, Madeira, Granville, Dublin or Powell?

Tele-Hearing is Key

Ohio decides unemployment claims via a) an administrative claim process; b) a right to appeal from the administrative decision; and, most importantly, c) a Telephone Hearing before a Hearing Officer. Just as in Pennsylvania, having an attorney represent you at this all-important Hearing may be determinative to the outcome of your claim.

Cleveland-Area Unemployment Claims Lawyer Handling Referee Hearings Throughout Ohio

Finally, Unemployment Hearings in Ohio, like those in Pennsylvania, often yield sworn testimony from employer witnesses.  This testimony can later be used to your great advantage during the prosecution of claims for illegal discrimination, retaliation, wrongful termination, etc.  An experienced attorney is essential to skillfully executing such a strategy.  Our Cleveland attorney frequently prosecutes such claims, and will be able to skillfully navigate you through any litigation process as needed.

Call us at 610-647-5027, or complete our Contact Form, if you are interested in referral to a Cleveland Unemployment Compensation Attorney.

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination to wage and overtime claims, from discrimination and retaliation laws to Family and Medical Leave, from worker misclassification issues to non-compete agreements…

NOTE:  Many employment claims are based upon federal laws which are similarly applied by many states. 

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

NOTE: Pennsylvania and Ohio unemployment law are in many respects similar, so the basic principles discussed in the above-link may be informative; however, only an Ohio attorney can truly guide you through the Ohio unemployment claim process.

Thanks for checking in with us.

You have read this article with the title 2014. You can bookmark this page URL http://clapclapclappp.blogspot.com/2014/01/cleveland-ohio-unemployment.html. Thanks!

Negotiating Severance: What is the Secret?

The Secret to Negotiating Severance IS....

Understanding leverage and plain old human nature. Allow me to explain.

Is it Better to be Feared or Loved When Negotiating?

In the Prince, Machiavelli famously declared, "Better to be feared than loved, if you cannot be both." 

Gentle Outside - Steely Inside

Napoleon made famous the expression "one must rule with an iron fist in a velvet glove."

J. Paul Getty said, “You must never try to make all the money that’s in a deal. Let the other fellow make some money too, because if you have a reputation for always making all the money, you won’t have many deals.”

This Man Knows

In his book, "Getting More" Stuart Diamond, currently a Professor at the Wharton School and formerly a Pulitzer Prize–winning reporter for the New York Times - and a man who has perhaps studied negotiating tactics more than anyone alive - concludes that the outcome of any negotiation is based 90% on the people/personalities involved, and only 10%  on the substance of the subject(s) of the negotiations.

I tend to agree with every one of these maxims.

NOTE:  This Post is directed to employees who do not have a right to severance pursuant to a contract or law.  Click Here to see if you fit into such a category.  Assuming you are part of the great majority of employees who do not have a right to severance, please read on.

 A Pennsylvania Employment Lawyer's Guide to Severance Negotiations

In my experience, there does not exist a single, perfect way to approach and succeed in every severance negotiation. Why?

No Recipe

Well, Betty Crocker has never written a recipe for how to negotiate severance that I can follow with guarantee of the perfect severance cake.

No Formula

Albert Einstein never discovered a perfect mathematical equation for "solving" negotiations that I can apply with certain, predictable outcome.  

Even so, in my experience there exist certain common denominators and ingredients in most severance negotiations in which I have been involved (i.e. in which the departing employee hired me to assist in sweetening and concluding the deal).

So, that is a good place to start - do I need or should I hire an attorney?

First Consideration:  When Should I Hire a Lawyer to Help Me Negotiate Severance?

★  if an employee has engaged in prolonged negotiations before obtaining counsel, the attorney's chances are diminished.  THINK: Positions Entrenched.  So, unless you feel you have a close relationship with the person in the company who can pull the purse strings, negotiation through HR and the like is usually counterproductive;

★  lawyers deal with civil/human rights, true, but in the end the legal world is a matter of commerce. Hence, when attorneys negotiate, emotions are removed. We seek certainty via finality (i.e. a signed Separation Agreement), and we know how to achieve that end;

★  for the foregoing reasons, it is in my view best to hire an attorney right after you receive the company's proposal, as opposed to after you have gone back and forth and been told, "For the last time, this is it."

Second Consideration:  What Type of Leverage Do I Have?

★  I will recommend that my client walk away from a paltry or even substantial severance offer if he/she has adequate leverage; I will not if he/ she does not;

★  what is "adequate leverage?" Facts that strongly suggest the employee's termination was unlawful or that he/she is owed substantial wages/commissions. Truth is, sad to say, that your diligent and faithful past services (for your now former employer) neither create nor equate to "adequate leverage." Hard to accept, but undoubtedly true...The relationship is over, and you are down to brass tacks;

It Worked For Mr. Getty

★  how does one know if he/she has "adequate leverage" or, more succinctly, how do I know if I have a strong legal claim for discrimination, etc. or unpaid wages? Only an experienced employment lawyer can answer such questions, and he/she can do so only after sitting down with you to go over the circumstances of your employment in detail;

★  if you have "adequate leverage," you hold the cards. Now all you need is a lawyer that can play'em -and not over play them. Old proverb: "Pigs get fed, hogs get slaughtered." 

Remember, the goal is finality, not decisive victory. I believe Mr. Getty would agree.

What Should I Look for When Hiring a Lawyer to Negotiate My Severance Package?

Leverage or not, here are what I believe to be the keys to achieving positive results in severance negotiations:

◆  Your lawyer must KNOW employment law;

◆  Your lawyer must have a reputation for honesty;

◆  Your lawyer must be someone who has sued companies, and won;

◆  Your lawyer has to be respected and must respect other lawyers;

◆  Your lawyer must understand the law of commerce and the Rule of the Hog;

◆  Your lawyer must play well with others.

Fear > Love

The final point may be the key to success.  After all, isn't it safe to say that people who like their negotiating counterpart will be more given to generosity?  It follows, then that if the lawyer with whom I am negotiating likes me, I have a better chance of achieving a positive result when negotiating severance for my client.

Of course, having a reputation as a ferocious litigator doesn't hurt either. Machiavelli said so.

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

  

John also has referral arrangements with attorneys skilled in representing employees throughout the United States. Click Here to request a referral.

Click Here if you have questions about any aspect of employment law, from wrongful termination, to wage and overtime claims, to discrimination and retaliation laws, to Family and Medical Leave…

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, to Referee Hearings, to severance issues…

Click Here to e-mail John directly.

Thanks for checking in with us.

You have read this article with the title 2014. You can bookmark this page URL http://clapclapclappp.blogspot.com/2014/01/negotiating-severance-what-is-secret.html. Thanks!

Our Unemployed Milennials - A Multi-Faceted Problem

HuffPost recently published an interesting,albeit depressing, article on the plight of our unemployed youth, and the cost of this disheartening trend upon the World at large.  We have reported on this problem many times in the past, and will take this opportunity to speak on it once again.

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Denver, Colorado Unemployment Compensation Claim Attorney

We Have Affiliated With an Attorney in Denver Who Specializes in Unemployment Claims

The Mile High City

Unemployment benefits are very important to those in need.  Finding high quality, experienced lawyers who regularly handle such claims is not an easy task.  It took me some time, effort and background-checking, but I found an attorney who fit my criteria located in Denver.  Since Colorado Unemployment Hearings are conducted telephonically, he can represent citizens located anywhere in the state of Colorado. 

So, if you need a referral, call our office or complete our Referral Form, and we will (at no charge to you), connect you with a qualified, experienced attorney who has handled hundreds of unemployment hearings throughout Colorado (for what I find to be a very reasonable fee).  

Click Here for Colorado's Claimant Guide for Unemployment Benefits.

Have an Unemployment Claim in Denver, Colorado Springs, Aurora, Fort Collins or Lakewood? What is Misconduct Under Colorado Unemployment Law?

Although I am not able to provide legal advice on Colorado law, I am happy to pass along some basic legal principles I gleaned from researching the relevant law.  This task is made easier because my research has disclosed that unemployment claims in Colorado are rather similar to those in Pennsylvania in a number of important respects. For example, one is terminated for misconduct, one cannot get benefits.  However, just as in Pennsylvania, alleged poor performance is not deemed to be disqualifying misconduct under Colorado law. 

Denver, Colorado Attorney Handling Unemployment Claims in El Paso County, Denver County, Arapahoe County and Jefferson County - Can I Quit My Job and Get Unemployment Benefits in Colorado?

In quit cases, the law in Colorado is similar to that in Pennsylvania where voluntary quits are concerned.  For example, a significant reduction in hours, work conditions or change in schedule occurring through no fault of your own may enable you to quit and get unemployment compensation.  

Need Colorado Unemployment Lawyer Near Lincoln Park, Glendale, Englewood, Centennial, Columbine, Broomfield, Pueblo or Littleton?

The Hearing is the Key 

Colorado decides unemployment claims via a) an administrative claim process; b) a right to appeal from the administrative decision; and, most importantly, c) a Telephone Hearing before a Hearing Officer. Just as in Pennsylvania, having an attorney represent you at this all-important Hearing may be determinative to the outcome of your claim.

Denver-Area Unemployment Claims Lawyer Handling Referee Hearings Throughout Colorado

Subject of Discrimination?

Finally, Unemployment Hearings in Colorado, like those in Pennsylvania, can be fertile grounds for obtaining testimony under oath from employer witnesses - testimony that can later be used during the prosecution of claims for illegal discrimination, retaliation, wrongful termination, etc.  An experienced attorney is essential to skillfully executing such a strategy.  Our Denver attorney frequently prosecutes such claims, and will be able to skillfully navigate you through any litigation process as needed.

Call us at 610-647-5027, or e-mail John A. Gallagher, if you are interested in referral to a Denver Unemployment Compensation Attorney.

John A. Gallagher is an employment lawyer who represents employees in Pennsylvania.

Click Here if you have questions about any aspect of employment law, from wrongful termination to wage and overtime claims, from discrimination and retaliation laws to Family and Medical Leave, from worker misclassification issues to non-compete agreements…

NOTE:  Many employment claims are based upon federal laws which are similarly applied by many states. 

Click Here if you have questions about any aspect of Pennsylvania Unemployment Law, from willful misconduct, to voluntary quit, Independent Contractor/Self-Employment issues, Referee Hearings, severance issues…

NOTE: Pennsylvania and Colorado unemployment law are in many respects similar, so the basic principles discussed in the above-link may be informative; however, only an Colorado attorney can truly guide you through the Colorado unemployment claim process.

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