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Frequently Asked Questions
  What is "bona fide period of non-employment"?
Identification Number 252
A "bona fide period of non-employment" is determined on a case-by-case basis. This analysis is not based on time alone. Additional factors in the analysis include:
    • Whether there was a relationship between the former employee and the company during the time of non-employment;
    • Whether the former employee received payments from the company during the period of non-employment;
    • The reasons for ending the employment relationship;
    • Whether the former employee was employed elsewhere after leaving the company; and
    • Whether there was an agreement or understanding that the former employee would return to the company.
Publication Date*: 7/31/2012 Mailto Link Identification Number: 252
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