What grounds should I persue to win appeal?
(Jacksonville, FL, US)
Employer closed 500 stores and I was told that there were no openings for me (I'm in Florida). I worked though the last day with my manager. She knew that I intended to file for unemployment the following day. She transferred to the only store that was to remain open and it was understood that no openings were available for me.
I filed and after a few checks, I got a notice saying that the employer says I'm not eligible because I didn't work until the final date. I faxed my paycheck stub and unemployment office sided with employer because they rejected me.
I filed for an appeal and called my former manager. She agreed that yes, I in fact worked on that final day and that she didn't know what was going on. She would check it out and call me back. She never did.
They later responded through the unemployment office that "I was under the assumption that I had no job".
I can only take this to mean 1 thing. They think that I was offered a job elsewhere - but I wasn't.
They didn't say "he quit" but said I assumed I had no job. Very bizarre. If I assumed and they knew it to be different then why didn't they give me my routine weekly schedule? Why didn't my manager call me the following work day if she thought I was supposed to be at work? Why didn't she call me if she knew I would not get my benefits if I didn't come to work (whether at another location or at the now vacant building)?
I never signed a resignation, nor a refusal. She knew my plans and that I thought there wasn't any work. Do I have a leg to stand on? Shouldn't they have had me sign something if they're going to say they offered me more work and I refused or didn't show up? Should they have been obligated to call me? What if I had been kidnapped??? What do I do? How can I win the appeal?
Oh, brother. There is only one thing you can do. Tell the truth at the appeal hearing.
I have no idea what the employer is up to, but I can tell you I'm not shocked.
Who told you there was no opening for you? Understand this, if the employer protested by saying that you refused a job offer .. they have to prove there was a job offer. I personally think it was a bad call by the adjudicator.
Do you have anything in written form from the employer that your job was over?? Cobra papers? Letters telling you what to do about 401k's? Anything?
Does your employer use a third party for UI stuff?