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Unique Situation (OHIO)

by Brady McC.
(Columbus, OH)

I will rise from the ashes!!

I will rise from the ashes!!

CHRIS!! Thank you for all of your amazing work, research and dedication on such a frustrating and confusing topic.


I was terminated from my very lucrative internal wholesaler position with a large insurance co. for violating company policy on August 16, 2009. I'll spare you the details. I filed for unemployment benefits the very next day. Being a typical insurance company, my former employer fought me every step resulting in an extremely long and drawn out appeals process. My claims were denied and the paperwork stated that to receive benefits I need to find covered employment, work six weeks, earn $1260 AND be otherwise eligible.

On November 17, 2009 I ended up taking a very low paying service position in order to meet these requirements believing my future hearing results depended on them. In December 2009 my father was having health issues and was being evicted from his apartment. With no one to help him with constant hospital visits and him having to move in with me I was missing several days of work. I tried to discuss submitting FMLA paperwork to avoid being terminated again but was never able to get any cooperation. I have a NASD Series 6 Securities License that would be worthless with 2 terminations. I spoke to my manager and he said that I could resign my position to avoid that, so I put in my 2 week notice.

I resigned my crappy low paying job on February 12, 2010 having worked the 6 weeks and earning $1260 all before I even had my UC Hearing.

On Feb. 25 2010 my actual hearing took place. The results of my hearing weren't communicated until April 1, 2010. I WON MY HEARING!

So, I was fired Aug. 2009. Took crappy job from Nov. 2009 thru Feb 2010 and still had to wait until Feb. 25 2010 for my hearing which I officially won on April 1, 2010. I was FINALLY eligible for unemployment benefits!

Being unemployed again I filed a claim for my newly awarded UC bene's notifying them of my brief employment and was denied. I was only compensated for Aug. 2009 to Nov. 2009. I actually didn't plan on leaving that job and wasnt making weekly claims during those 4 months. The new denial stated I had to work 0 weeks and earn $60 and AGAIN be ELIGIBLE!!

I was not receiving Unemployment Benefits when I had to leave the crap job to help my father. I'm not trying to take advantage of the system and was told that I HAD to meet the 6 week/1260 requirments to get the benefits EVEN if I won my hearing.

So now I'm in another lengthy appeal process. Again I'm being told conflicting answers when trying to understand how I can possibly become
eligible AGAIN? The hearing that I won basically stated I was unjustly terminated. So, in reality, I should still be there gainfully employed making my 80K/yr and NOT having to even consider settling for the 30K/yr job I had to leave creating another UC benefit mess.

When I file my weekly claim it shows that I have money available to be paid to me!?I have been unable to find answers to this confusing situation anywhere.

QUESTIONS:

How can I possibly have ANOTHER hearing with an employer that I didn't work the 20 qualifying weeks needed for an eligble claim?

How can I possibly work the required 0 weeks to even earn $60?

What happens to the remaining money I was awarded from my first hearing that is showing available to me when I make my weekly claim?

No one seems to have clear answers to my situation.

Best regards,

Brady




Brady,

You understand the doctrine of at will employment .. don't you?

It's easier to understand than the convolutions of unemployment law that varies on the subject of "disqualifications" and the requirement to not only purge the DQ, but suffer another qualifying separation from the job that helped you purge the DQ.


The separation from the most recent work .. almost always controls whether you are entitled to continuing benefits from any benefits derived from the base period of any specific benefit year.

You only get backpay of benefits for weeks claimed and if there is nothing else standing in the way of payment .. such as finding another full-time job .. earning too much in any week for even a partial benefit amount .. but if can't use subsequent work to purge a disqualification only.

Now I'm going to address disqualifications .. briefly, because I hate redundancy and this question ask many things I have talked about .. a lot.

Depending on the which state we are talking about .. non-monetary determinations and the disqualification must be met to be purged. Once purged monetarily by the crappy job you must also have the element of a "qualifying separation" or another non-monetary determination to allow you access to the remaining claim balance after the separation from the crappy job.

You will have to go through the same process to remove that DQ and prove that you had good cause to quit the crappy job.

And Brady, If you need to talk .. just let me know:)

The reason you might possibly have a hearing with a short time employer is because eventually .. the wages they did pay you have potential to become a part of another base period (each benefit year has a new BP) It might even be a very small amount with an even smaller liability amount .. but it still matters to them.

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