Hi, my name is Chris. Getting lucky to collect unemployment benefits in 2006, had little to do with how I did that. Fact was, I'd been laid off from my job, coordinating tribunal unemployment appeal hearings for employers and knew I couldn't depend on my employer, to just let my lack of work claim go through.
So, having that job may of been my own lucky break, because I knew from job experience, what my employer could do to fight my unemployment benefits .. or at least try something that might work .. after I was initially approved to collect.
The company I worked for was relentless in their efforts to deny unemployment benefits, to include an informational letter suggesting the claimant wasn't able or available to work, therefore, conditionally not eligible to collect.
Believe it works often enough .. if you rely of claimant ignorance of the unemployment process and are willing to taking advantage of that to get the job done.
The unemployment questions here are about being separated from an at-will employment relationship .. through no fault of your own .. to receive unemployment.
The answers aren't necessarily definitive, but my hope was to shift an employee's perceptions, at least about what it means to quit with good cause or to be fired for a reason the employer claims was misconduct connected to the work, but you disaree with .. and connect both to meeting, or rebutting a burden of proof.
Unemployment-Tips.com is the result of my tendency to be bullheaded, but fit perfectly with a personal motivation to at least try to explain what I think employees should know to connect unemployment insurance benefits with what happens to them at work. Especially, if you end up having to push back on an initial claim determination denying benefits erroneously.
I have a simple appeal letter for a denial of unemployment benefits that suffices, while you peruse the Q&As and figure out how you will argue to collect unemployment by being objective to find a valid rationale, that goes to the burden of proof to prove fault, assigned to the moving party, to end what was otherwise, at-will employment relationship .. until you filed an unemployment claim.
Nov 12, 18 10:53 AM
I have a fact finding hearing coming up. I was fired by my employer, and there is a chance I will be denied benefits. Even if I am denied after the hearing,
Nov 06, 18 09:45 PM
Amazing. Chris really caught me off guard with her willingness to discuss my case, offer support and advice, and explain areas of confusion with detail,
In case you don't know this .. there can be two legitimate sides to every unemployment story. That this is so, is why you need to find the objective perspective to evaluate your own unemployment claim relevant to whatever the burden of proof will be all about and find what can you win a hearing, as well as what can cause you to lose a hearing.
As much as I know I know about unemployment, I do not claim to possess the verbal skills I think are necessary to argue contentiously, or quasi-legally, for a claimant who ends up paying for representation at a first level UI appeal hearing .. but in 2009, I realized nothing was keeping me from offering an appeal hearing rep referral service instead.
All the hearing reps I refer appeal cases to, are experienced professional independent unemployment hearing representatives, but only if your unemployment hearing is in one of the 28 states listed.
Or, you may want to check out the Free Q&As to find my advice about making valid, or rational arguments at hearings.
I'm troubled by what employees tell me they chose to ignore, for the sake of protecting their job from a questionable reason to be terminated. And all because an employer needs to the burden of proving work misconduct as cause,. when you're fired while you just need to think about how/if/ you can rebut (undermine) their ability to meet the standard of law of that burden.
I'm not suggesting I want to discourage an employee from quitting for good cause, but if you must quit your job .. know it's you who will need to meet the burden to prove the fault for you leaving your job .. was attributable to your employer.
You should try using the search bar, if your question relates to who has the burden in a voluntary quit, in lieu of being discharged case.
Ask questions abour your ability to collect unemployment insurance benefits, and it's me who ends up asking questions, just to explain what I may think about your chances of collecting, or keeping unemployment benefits.
Unfortunately, sometimes the answer is due to those variances found in unemployment laws and/or regulations state to state.
I'd show you a sample unemployment law comparison now, but all you need to do is click that link to find them all .. for you to review objectively .. depending on the state controlling your unemployment claim.
If you have been denied unemployment benefits with the initial non-monetary claim determination, (findings usually state, "based upon the available information"), you can appeal this determination easily, whether you know if you can win, or not, by simply avoiding any argument that is made untenable by a state's unemployment law.
Many states acknowledge receipt of an appeal letter by sending the letter attached to the acknowledgement to both you and the employer. Then they docket a lower level, aka tribunal unemployment hearing and a notice of hearing is sent to all "interested parties" to the appeal.
I suggest a simple stupid unemployment appeal letter format to appeal a denial of unemployment benefits, because it's not wise to start arguing fact .. before a hearing .. which is meant to do just that .. argue to prove, or rebut what is, or isn't a fact .. relevant to cause for the separation.
Or, you can also read the Unemployment Appeal Q&As to find more on the subject.
If you voluntarily quit your job, know it's your right to do so, because you're an at-will employee.
But when you apply for unemployment benefits, good cause to quit your job isn't easily proven by just saying so. but by supporting what you say with documentation to prove what you did as an employee, to first preserve your job and later, prove the good cause was fault .. reasonably attributable to being that of the employer..
To be honest, getting to the point of having evidence, sufficient to support your story of good cause to quit .. can be a challenge for employees. Frequently, they are simply uncomfortable dealing with authorities at work, if good cause begins by confronting an employer in a professional manner .. to begin the process of documenting actions, or non-actions .. to establish facts .. that can go to good cause.
Here's some Q&As About Good Cause to Quit a Job, including why it's important to find your nerve to at least attempt to correct some situation at work.
Ever wonder why your boss may of tried to get you to quit, before firing you? Let just call it what it is .. a strategy, whether by design or not, that helps employers avoid the burden of proving what made you guilty of work related misconduct.
I see know reason why a person needs help appealing a monetary determination, but since many asked questions about the amount of their weekly unemployment benefits, base periods, partial benefit amounts, or payments such as severance, or pensions that may reduce that amount here are the Q&As about monetary entitlement to benefits.
But every monetary claim determination (the first one you receive), tells you what you're entitled to receive .. if you are found otherwise eligible to collect, based on the facts concerning the cause for your separation .. and to appeal this initial claim determination, here's a template to keep your appeal letter .. simple stupid, given I don't know, why you're appealing.
I'm sorry, I hindsight has taught me, I answered questions I shouldn't have answered .. because they became part of the Collect Unemployment Blog.
Yet to be honest about unemployment issues, there's more to be concerned about than just quitting with, or being fired without good cause to include know what's suitable work, how school affects benefits, special VQ rules to affect temp employees and why an overpayment .. means repaying benefits.
It's safe to say .. there's a lot of Q&As that touched on one, or more conditional eligibility issue, claimants need to be aware of while they continue to collect benefits, or to protect their right to collect again, they should they accept a new suitable before exhausting benefits, at anytime between the BYB (benefit year begins) and BYE (benefit year ends) dates.
All the Q&As .. or at least most of them.
When applying for unemployment benefits, it can be easy to miss some of the questions may relate to whether you exercised an employee right .. you may of mentioned in explaining the final incident, or the cause of why you voluntarily quit, due to the fault of the employer.
Unemployment Insurance Benefits are really an afterthought of an exception, to the idea adhered to in the U.S., which this employment attorney began to explain about the impact the doctrine of employment at will has on us all.
If you grasp that Unemployment Insurance was added to the mix in 1936 after the Great Depression, and the employee rights we've come to take for granted to day have literally become a counterweight against unemployment benefits and that extra weight for your arguments for benefits, lurk beneath the surface of a workplace culture, you can expose as fact better, while you're still an employee.
In any case, I know of at least one UI precedent decision that agreed there was no good cause to quit .. because the employee failed to exercise a right in the workplace first .. to show they tried to preserve their employment first.