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Ten Things To Know About Bank Of America Unemployment Account | bank of america unemployment account

Bank of America is facing an increasing list of unresolved lawsuits from a growing number of plaintiffs demanding access to unemployment compensation they have been cut off of. This would mark the third major lender in just over two months to be threatened with a class action lawsuit over its handling of unemployment benefit plans. In the first suit filed in July, a class action lawsuit was issued against Bank of America over the matter. The complaint revolves around the bank's refusal to provide reasonable access to terminated employees for unemployment compensation claims.

According to the complaint, presently delinquent bank of america disability recipients are being'silenced' by B of A's failure to make good on promises made to them under the provisions of the bank's plan. In addition, plaintiffs contend that B of A has not made reasonable accommodations for their disabled workers who have had their jobs terminated as a result of loss of employment. Additionally, they claim that B of A's policies and practices related to the handling of terminated employees' unemployment benefits entitle them to unwarranted lawsuits for breach of fiduciary duty and negligence. This case will hinge on whether or not B of A is guilty of any wrongdoing at all in terms of its duty of care to its unemployed account holders. A class action lawsuit has the advantage over a class action lawsuit since there are more potential plaintiffs and therefore more potential damages.

Another class action lawsuit, this one filed in October claims B of A is guilty of denying reasonable access to terminated employees for unemployment benefits and discriminating against those workers for whom B of A has contracted through a contract of trustee interest. As previously stated, this is a highly contested issue which hinges on the question of whether or not B of A has a general obligation to make'reasonable accommodations' for its borrowers' disabilities. If B of A is found to be guilty of such a breach of fiduciary duty, and it causes irreparable harm to a group of injured workers, then the company may be held liable for all damages resulting from such breach. (It is also worth noting that B of A states that it has never been subjected to such a lawsuit.)

Now, we will turn to an aspect of this class action lawsuit that bears repeating because this too is central to the validity of the complaint-the treatment of discharged employees for whom B of A provided unemployment benefits. The claim is that, notwithstanding that B of A provided terminated workers with unemployment benefits that it knew would be garnished by the employer, B of A did not make reasonable accommodations for their disability. In other words, B of A pursued a course of conduct that was entirely consistent with its policy of not providing unemployment benefits in cases of involuntary termination. It also argued that it could always recover from an involuntary termination in the future. We find that the complaint does not meet these defenses.

B of A readily acknowledges that it cannot be expected to contemplate all possible contingencies concerning employment relationships. Accordingly, it has added a policy to its employment policies to ensure that even in the event of a claim by an injured employee that B of A is not responsible, it will advance reasonable accommodations for that employee's disability. These accommodations are designed to ensure that an injured employee receives all the benefits that he otherwise would have received had he continued his employment with B of A. Thus, although B of A assumes liability for certain claims that might arise in the future (particularly claims concerning the loss of benefits in cases of involuntary termination), it has been successful in limiting those claims to those where it is already apparent that B of A has implemented policies that afford disabled employees reasonable accommodation. Accordingly, the trial court did not err in permitting recovery on those portions of the complaint for which B of A was responsible, as a result of its prior conduct.

It is also not at all uncommon for trial courts to award damages in situations where employees have suffered injury as the result of the employer's negligence in maintaining their factory or other workplace. In these circumstances, the trial court may assume that B of A was reasonably careful to keep its factory in a reasonably safe condition, notwithstanding the fact that the factory was unloading shipments of dangerous materials. The court then takes what it deems to be appropriate into account, including the actual damages to the employees and other claims for punitive damages. The employee's entitlement to damages for punitive damages must be advanced by the trial court upon the basis that the employee actually suffered some damage as a result of B of A's negligence, regardless of whether or not the employee actually has a claim for compensatory or rehabilitative damages.

Once again, in the above example, we are assuming that there was actually a foreseeable risk of injury, and that in all likelihood, that risk was not properly controlled by B of A. However, it is not at all uncommon for trial courts to award ex-gratia payments to employees who successfully overcome their unemployment-related injuries. If you suffer an injury resulting from an employer's negligence, it is likely that you will also be eligible for such an ex-gratia payment. If you have been injured at work, and if you are currently unemployed, you may qualify for this payment. (You should obtain a copy of your unemployment compensation claim for assistance in preparing your own unemployment compensation claim.)

Bank of America does not handle injury claims directly. In these instances, you will need to retain a lawyer who is familiar with Bank of America policies regarding compensation claims and filing paperwork. If you have been injured at work and if you believe you have a valid claim for compensation, you should speak with an attorney experienced in such cases who will advise you about your rights and the procedure you must follow to submit your claim for consideration. Your attorney may be able to recommend an appropriate client specialist to assist you in pursuing your compensation claim.


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