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Can the reason my claim was denied be changed?

by Donna
(Norwich CT)

During my initial phone interview with the DOL I was told that my employer said I voluntarily quit. Which I did not. Then I got a phone call from the DOL that I needed to drive down to their office to read what was written. The paperwork still indicated that I quit so I wrote a rebuttal. Then I got notification that the reason was changed to willful misconduct by the examiner can they do this?? I thought that they had to be unbiased.



Hi Donna,

Ah .. what do you mean .. a notice? Are you talking about the determination?

The examiner or adjudicator is suppose to find out what really happened and make the determination accordingly.

Apparently, if you did not quit, your rebuttal was that you were fired?

So what's the problem.

Sounds like maybe you were forced to quit or be fired.

Irregardless of how the employer responded .. the adjudicator may first have to determine what type of separation occurred and adjudicate appropriately for what the situation calls for.

Comments for Can the reason my claim was denied be changed?

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Jan 07, 2010
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miscondut
by: catsjaws

yes it's misspelled, just as DIR. misuse it to deny claims. yes get an Attorney now do not delay.
you do not stand a chance if you do not.
wish you luck.

Jan 01, 2010
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Do I need a lawyer?
by: Donna

Yes it was the determination letter that indicated willful misconduct. What does this mean and should I get a lawyer for the appeal. It is weird I have an email from one of his staff thanking me for working there and appreciating all I did now the willful misconduct charge.

I really need to know what to do prior to the appeal hearing.


Hi Donna,

What you need to understand is that even though the employer protested as a voluntary quit .. your rebuttal convinced the adjudicator it was a discharge and there must have been something in your rebuttal which led the adjudicator to decide that whatever led to the "separation" was misconduct.

As far as what to do prior to the "appeal hearing" .. I don't know because I don't have the details.

Yes, you can hire a lawyer if you want, or even a non attorney if you can find someone willing to help claimants.

You can manage everything on your own also by researching what you should do to change the denial. You can begin the process on the CT website. Just remember that without an attorney you are the person responsible for how well you represent yourself .. and how well you present your case.


Jan 01, 2010
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Answer
by: Donna

My employer indicated that I voluntarily quit. So when I went to the Unemployment office for the rebuttal, I gave my side of the story that I did not quit that the employer kept telling me that I was resigning. Which I did not.

The decision paperwork I received from the Unemployment agency listed me as willful misconduct?? When I looked this up it indicates that I did something that endangered the business, which I did not.

I don't know how it got changed from me quitting to willful misconduct. The reviewer at unemployment said he made that decision. Not sure why he would be making this change. I do know that the doctor is friends with someone that works in this very office so now I'm afraid that the hearing will be there and there will be biased.

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