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Unemployment stopped after Employer appealed

by Haley
(Texas)

Turned in my resignation on 1-15-09 to resign on 1-30-09. On the day I turned the letter in, the company I worked for asked me to reconsider and stay that they would work with me if I needed time off, they knew I was looking for a teaching position.


On February 13, 2009 I came in and needed time off the following week and they informed me I was no longer needed and that they would just accept my resignation of 1-15-09 as a resignation.

I filed for unemployment and was granted it, they appealed and now after collecting about $6k the unemployment office wants the money back and has sided with the employer.

I would never have applied for benefits had I not felt that my original resignation on 1-15-09 was no longer valid due to the fact they requested that I stay and they'd work with me for time off.

I've appealed the decision and haven't heard a word.


Hi Haley,

You will. You should get an appeal acknowledgment and or the two-sided hearing packet. (be sure to look at the back side of each page)

In the meantime .. Here's the link to The Texas Unemployment Precedent Manual (bottom right under resources)



Haley,

I don't think you have much to worry about.

Apparently the employer is willing to use the resignation letter you gave them in January. Personally I think they may have been stalling until they could find a suitable replacement. If I were you .. I'd get some paystubs together to support employment after the date of that resignation letter.

You will just have to focus upon the fact that after giving your resignation letter, the employer asked you to rescind it and they said they were more than willing to work with you as far as time off for interviews, etc.

The employer will have a hard time explaining why you were still working in February.

It should become clear to the hearing officer that the employer discharged after they talked you into rescinding your resignation and are now trying to use that resignation letter to beat you out of your rightly given unemployment benefits .. at least that's how I see it.

First thing the hearing officer will need to do is determine whether it is a quit or a discharge.

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