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I haven't recieved a payment for 10 months, employer now denying benefits.


(Phoenix, Arizona)

I quit a job over a year ago due to the company no longer having work in Phoenix, Arizona. The Phoenix project that this company had a contract for had come to an end, and the employer's next project would be in Sacramento, California. While performing work in Phoenix, we were working 80 hour weeks with no overtime compensation but that is beside the point. I made 1500 dollars a week approximately in Phoenix, and when I relocated to Sacramento, the pay was less than half, and cost of living in California higher. I relocated with this company under the reasonable expectation that the salary for performing the same job, would be comparable. Technically, i voluntarily quit, but told the company, that i would continue working in Phoenix to finish up the last bit of work on the project, as i know the shop in Phoenix was still performing work, when i was told that, i had to relocate, or be laid off. I recieved unemployment for 5 months, and was under the impression that benefits were not issued until the employer approved. So 10 months later i recieve a letter saying that when i filed my new or additional claim, you stated you were laid off. the above employer has responded that you voluntarily quit, failure to answer these questions will result in a delay or denial of benefits. So if they've already approved it, how can they deny it?????



Hi,

I can only speculate that the employer told the state you voluntarily quit when you "refused suitable work". I think that will be the issue .. given what you told me.

I am a little confused because you stated that you did relocate because you had a reasonable expectation that you would earn the same amount of money, but whether you were earning less per hour or simply weren't working 80 hours a week any longer would be relevant to suitability. Distance would also be relevant .. but you moved thereby, showing acceptance of the need to move.

Additionally, I can't tell if your subsequent employment in Phoenix was with this employer or not.

Benefits are given when the state makes a determination and has nothing to do with whether the employer approved them or not .. employer's can only protest the state's decision .. just like a claimant can.

There is also the issue of whether the employer is protesting timely or not .. and for which period of employment.

Finally, I believe I'm missing the relevant information to begin to explain .. what might be happening.

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