Search This Site.

Appeal got dismissed. Can't really do anything about it now.

by Brandon
(HI)

So I voluntarily left my employer on a good note with no issues. It was all on good terms. I had planned to relocate out of state. I was in the planning stages and have visited the places that I had planned to move. I had decided on where I wanted to move and was getting things ready: packing and all that. I decided to take some time and spend time with the family until I moved. When of course you encounter unexpected dilemmas that come in your way. Of course I didn't ended up moving as planned. So I went back home and decided to look for another job. I decided to try and see if I could get some unemployment benefits in the mean time until I was able to get a job and get back on my feet. Of course I was denied and gave up on the first try. I kept applying and looking for work but still was unsuccessful. I decided to try unemployment again and of course I was denied again. I decided to appeal it and it got dismissed. Of course it didn't go in my favor. But I think the law should change about whether you quit your job or not or get fired. Especially if it is on good terms. They shouldn't hold that against anybody. Especially when you work so hard for the company and devote your time. And you had good intentions on your future goals and plans. I don't think it's fair.

Comments for Appeal got dismissed. Can't really do anything about it now.

Average Rating starstarstarstarstar

Click here to add your own comments

Dec 02, 2014
Rating
starstarstarstarstar
Well what seems fair should change when you know who has to pay for those unemployment benefits.
by: Chris

It's lovely you quit your job on good terms, but sometimes I am completely baffled how some people can go through life always assuming that what they think they know .. is all there is to know.

Let's just say you were allowed to collect, who do you think would end up paying for those benefits you'd receive?

As much as I do want to help someone who lost their job through no fault of their own .. I've had to accept there are those who will always be those beyond me.

Unemployment insurance benefits are NOT charity, a subsidy, an entitlement, or some weird life insurance for jobs we no longer want and toss away before thinking decisions through.

I mean, why should benefits be any of those things when it's former employers who pay the premiums for the compensation paid to employees .. when they lose their job through no fault of their own.

The problem is .. it's the UI laws that also basically tell us, when benefits can be paid .. the employee is going to have to show why they lost their job through no fault of their own .. AND why it's the employer's fault .. who pays to keep any state unemployment insurance program afloat.

Literally Brandon .. given benefits for your reason to voluntary separate was always out of the question because you can't connect it to the employer, or the work .. and I explain that burden more than once, go ahead, howl at the moon.

Dec 06, 2014
Rating
starstarstarstarstar
If wishes were horses
by: Bill Getting Old

As long as we are talking about what should happen, there should be a point where how one was separated should no longer matter.

If one can show an active search, then that should be enough. Perhaps that is six months without working or a year or some other measure.


But that won't happen in my lifetime.





Apr 08, 2015
Rating
starstarstarstarstar
Going now for a second appeal
by: Anonymous

I was fired. They stated that I "paid too much attention to my cell phone." I loved my job. I think they were looking for an excuse to fire me because I would get done with my work and would not have anything to do. I volunteered in other departments. As for my cell phone...we were not allowed to have it out during business hours unless we were going to break or lunch. I have cell phone bills proving when I used my phone. NEVER during working hours. I'm still without unemployment and it's like I've been blacklisted for opportunities to get another job. What does a person do????

Apr 08, 2015
Rating
starstarstarstarstar
What does a person do where .. when?
by: Chris

Well that doesn't make a bit of good sense .. I mean if that's the only reason you think you were fired .. because to be denied unemployment benefits, the employer is the one who must prove why the reason is actually misconduct connected to the work because you were made aware of their rules and warned about not violating them anymore.

But if you really wanted to ask what a person should do at a second appeal .. Maybe you should read some questions about them, or find out more about what makes second appeal relevant so yours won't just get dismissed.

Sep 15, 2016
Rating
starstarstarstarstar
Ridiculous unemployment process
by: Anonymous

Unemployment Law is tricky if individuals work and pay into unemployment compensation the same way they pay into Social Security etc.

There is no reason individuals terminated (for reasons other than stealing, fighting, etc.) shouldn't be able to receive benefits until they get back on their feet.

Really persons working on jobs 4,5, 10 years and because the employer says it's misconduct their ineligible. They can't be serious.

Each state has their own laws but what employers fail to realize, say for instance your terminated for tardiness and classified as misconduct .. Bullshit!

Who intentionally goes to work late? Meanwhile your out of work, your bills pile up or even worse you lose your living accommodations.

This process is ridiculous.

Sep 15, 2016
Rating
starstarstarstarstar
Ridiculous? Really?
by: Chris - Unemployment-Tips.com

I agree .. circumstances for being tardy do matter.

The overall process may seem less ridiculous, at least I think so, once we get rid of the wrong-headed ... erroneous assumption, that it is employees who pay for the right to collect benefits via an unemployment payroll tax.

That idea is easily extinguished, with the possible exceptions found in New Jersey, Pennsylvania and Alaska when an employee (the subordinate) finally understands it's employers who pay both a state and federal unemployment tax and that tax rate (UI experience rating) goes up, if someone is allowed to collect unemployment and there is no non-charging provision for the employer to hang a request for relief of charges on. (And believe me .. there are a lot fewer of these than you might think, even in states like NJ, PA and AK.

I for one have always believed, if an employee would only familiarize themselves with the definition of misconduct to find it is full of words other than "intentional", they will at least know what an employer is supposed to be able to initially prove, or sustain, once a claim moves to the appeal process ...

"The term 'misconduct' as used in (the disqualification provision) is limited to conduct evincing such willful or wanton disregard of an employer's interest as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employee's duties and obligations to his employer.

as well as knowing what might help to rebut this burden of misconduct for tardiness, or any other reason deemed misconduct by an employer ..

On the other hand, mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances or good faith errors in judgment or discretion are not to be deemed 'misconduct' within the meaning of the statute."

Who intentionally goes to work late? You're right, there's probably few who go to work late "intentionally" who recognize the personal consequences that could befall them without their job, but that's why I say it's also a responsibility to document the reality of why being tardy on any day you can .. was for a reason beyond your control and that of any other reasonable person .. who also understood the consequences of not adhering to an employer's rules, or policies about attendance at work .. to cover their ass with the possibility of a document that proves the employer was aware of the personal circumstances beyond the capacity of the employee .. to reasonably control to get to work on time.

Click here to add your own comments

Return to Unemployment Appeal Questions.

 Professional Unemployment Hearing Representation

Alabama | Alaska | Arkansas | California | Colorado | Florida | Georgia | Hawaii | Illinois | Iowa | Kentucky | Louisiana | Maryland | Mississippi | Nebraska | Nevada | New Hampshire | New Mexico | North Dakota |Ohio Oregon | Pennsylvania | Texas | Utah | Vermont | Virginia | Washington | Wyoming

} }