The last-employer rule, also known as the last-injurious-exposure rule, states that the employer responsible for compensating a worker for an occupational injury or illness is the one that exposed the worker to the harmful substance just before the first signs of the disease or injury appeared.
The last-employer rule is a legal principle that determines the employer responsible for compensating a worker who has suffered an occupational injury or illness. Under this rule, the employer who exposed the worker to the harmful substance or condition immediately before the injury or illness occurred is held liable for the damages. For instance, if a worker develops mesothelioma, a cancer caused by asbestos exposure, after being exposed to asbestos while working for multiple employers, the last employer who exposed the worker to asbestos will be held accountable for covering medical expenses, lost wages, and other damages. Similarly, if a worker develops carpal tunnel syndrome from repetitive motions while working for different employers, the last employer who exposed the worker to those motions will be responsible for compensating the worker for the injury. The last-employer rule aims to simplify the process of determining liability for occupational injuries or illnesses by ensuring that the employer who caused the harm is held responsible for compensating the worker, rather than requiring the worker to identify the specific employer responsible for the initial exposure.
The Last-Employer Rule is a provision in unemployment insurance law that determines which employer is responsible for paying unemployment benefits to a worker who has been laid off or terminated.
Under the Last-Employer Rule, the employer who most recently employed the worker is responsible for paying unemployment benefits, unless the worker has worked for another employer for a longer period of time during the base period.
The base period is the period of time used to calculate a worker’s eligibility for unemployment benefits. It typically includes the last four quarters of the calendar year.
Yes, an employer can challenge the Last-Employer Rule if they believe that another employer should be responsible for paying unemployment benefits to a worker.
The factors considered in determining which employer is responsible for paying unemployment benefits include the length of time the worker was employed by each employer, the reason for the worker’s separation from each employer, and the wages earned by the worker during the base period.
Yes, an employer can be held liable for unemployment benefits even if they did not terminate the worker, if the Last-Employer Rule determines that they are responsible for paying the benefits.
Yes, an employer can appeal a decision regarding the Last-Employer Rule if they believe that the decision was incorrect or unfair.
If an employer is found to be responsible for paying unemployment benefits, they will be required to pay a portion of the worker’s wages for a specified period of time.
No, an employer cannot avoid liability for unemployment benefits by offering the worker a job, unless the job meets certain criteria, such as being comparable to the worker’s previous job in terms of pay and hours.
If an employer receives a notice regarding the Last-Employer Rule, they should review the notice carefully and consult with an attorney if they have any questions or concerns.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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