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Saturday, October 31, 2009

What should I do with this unemployment issue?!?

June 1st was my last day from job A and I finished moving 3 hours north to my new home after work. We left on OK terms. He was kind of upset I was leaving bc I was a good employee. Regardless, I started a new full time job B on the following Monday, June 4th. I was doing very well there until I was terminated bc someone stole $300 from my bank. Two weeks later, they were terminated after they caught them red handed. The day I got terminated from Job B, I filed unemployment. Because I got fired they had to investigate it, and two weeks ago got a statement saying that my determination from Job B is granting me benefits, however it was being held bc of another issue, which ended up being Job A. Now, today I get a letter in the mail saying Im not getting benefits because I moved and had to quit job A. Which really confuses me because that isn't the reason I had to file unemployment in the first place. Someone please explain to me why this is happening and what I can do to appeal it.
Answers:
OK, just because you were working, does not mean you qualify for unemployment benefits.
They have rules, such as:
Minimum hours worked in the last year
Minimum time spent on last job
Whether you left voluntarily
Whether you were fired for cause
and others.
What it sounds like to me, is you left your job A voluntarily.
( which would mean you cannot draw unemployment from the time you worked there. )
You were terminated from job B, for cause, but further investigation, reveled that the cause, wasn't reasonable.
( IE: they caught the real crook )
So then they look to see if you could draw unemployment based on your time at job B.
But since you didn't work there long enough to qualify for unemployment,
Your benefits were denied.
Basicly, by quiting job A, you erased all rights to unemployment benefits for the time you worked at job A.
And you had not worked for job B long enough to qualify for unemployment benefits.
What you should do, is ask job B to rehire you, since you were wrongly terminated.
Evidently they agree you were wrongly terminated, because they determined you should get to collect unemployment benefits.
You could also sue job B for wrongly terminating you, but only if you ask for your job back and they decline.
You could probally still sue job B for the lost wages from the time you were wrongly terminated, untill the time they rehire you.
Of course, that probally wouldn't set well with the manegement of JOB B, and would probally make your working experience bad from that point on.
So to boil it down:
Ask JOB B to rehire you.
If you get rehired, then approach job b about compensation for lost wages, do to the wrongful discharge.
Who knows, they might hire you back and pay back wages.
I think you need to see an attorney who is expierienced with employment laws . dont hesitate to do this cause some employers need to learn that they cannot just fire ppl at the drop of a hat . good luck .
Get a lawyer. I think you should be entitled to your benefits, but anytime you get fired I've heard it's hard to get unemployment. But your case is different. They caught the other person red-handed. Is there any possibility you can get job B back?
Please go the EEOC link below. They will answer your questions ACCURATELY! And they will have a contact number for you to call if needed.
It has to do with the way umemployment works; in most states unemployment is based on what your earning were during the the the past 18 months of employment and your employers during the past 18 months are consulted with as if the claim in found valid, you willl be drawing on umemployment from the insurance fund they paid into during that period of time (if your claim is paid, their insurance rates go up). Your prior employer disputed the claim as you left voluntarily.
You can dispute the findings as current employer with the unemployment office that terminated although you accepted the job in good faith, relocated, was terminated without just cause as it has now been determined that someone else shorted the drawer and your prior employer is too far away for you to commute even if they did offer you a job.
Most states have a one week waiting period and the most it sounds like you will be entitled to is 2 weeks of umemployment.

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