§ 3371. | § 3372. | § 3373. | § 3374.
§ 3371. Waiver or release of benefits; agreement by employee to pay assessments; penalties.
(a) Any agreement by an individual to waive, release or commute the individual's rights to benefits or any other rights under this chapter shall be void.
(b) Any agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's assessments, required under this chapter from such employer, shall be void.
(c) No employer shall directly or indirectly make or require or accept any deduction from wages to finance the employer's assessments required from the employer, require or accept any waiver of any right hereunder by any individual in the employer's employ, willfully or intentionally discriminate in regard to the hiring or tenure of work on any term or condition of work of any individual on account of the individual claiming benefits under this chapter or in any manner obstruct or impede the filing of claims for benefits.
(d) Whoever, being an employer or officer or agent of an employer, wilfully or intentionally violates any provision of this section shall, for each offense, be fined not less than $23 nor more than $230 or imprisoned not more than 90 days, or both. (41 Del. Laws, c. 258, § 15; 43 Del. Laws, c. 280, § 21; 19 Del. C. 1953, § 3371; 53 Del. Laws, c. 79, § 1; 67 Del. Laws, c. 260, § 1; 70 Del. Laws, c. 186, § 1.)
§ 3372. Limitation of fees charged by Department or court; penalties.
(a) No employer or individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the Department or its representatives. No individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by any court or any officer thereof.
(b) Whoever violates this section shall, for each such offense, be fined not less than $23 nor more than $230 or imprisoned not more than 90 days, or both. (41 Del. Laws, c. 258, § 15; 19 Del. C. 1953, § 3372; 57 Del. Laws, c. 669, § 5B; 67 Del. Laws, c. 260, § 1.)
§ 3373. Right to representation; limitation on fee; penalties.
(a) Any individual claiming benefits in any proceeding before the Department or its representatives or a court may be represented by counsel or other duly authorized agent, but no such counsel or agents shall either charge or receive for such services more than an amount approved by the Department.
(b) Whoever violates this section shall, for each such offense, be fined not less than $23 nor more than $230 or imprisoned not more than 90 days, or both. (41 Del. Laws, c. 258, § 15; 19 Del. C. 1953, § 3373; 57 Del. Laws, c. 669, § 5B; 67 Del. Laws, c. 260, § 1.)
§ 3374. Assignment, pledge or encumbrance of benefits.
Any assignment, pledge or encumbrance of any rights to benefits which are or may become due or payable under this chapter shall be void. Such rights to benefits shall be exempt from levy, execution, attachment or any other remedy whatsoever provided for the collection of debt. Benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessaries furnished to such individual or an individual's spouse or dependents during the time when such individual was unemployed, and for child support obligations in accordance with § 3313(n) of this title. Any waiver of any exemption provided for in this section shall be void. (41 Del. Laws, c. 258, § 15; 19 Del. C. 1953, § 3374; 65 Del. Laws, c. 514, § 18; 70 Del. Laws, c. 186, § 1.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 421, effective August 21, 2008.
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