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Old 08-03-2009, 07:13 PM
 
10 posts, read 24,067 times
Reputation: 13
Default approved unemployment benefits then denied a year and a month later

ok so this is crazy i was approved for benefits on july 4 2008 and my former employer appealed the decision a year and 2 weeks later. i went to the hearing last monday and recieved a letter that my benefits are denied so im so stressed out i live in nevada so does anyone know if i will have to pay everything back i think its close to $20.000 i have been lookin for work and have proof does anyone know why it would have taken so long for my employer to appeal isnt there a time line i just think a year later is crazy shouldnt they have did this a long time ago and i was told i can get a hardship waiver of the bill if i do in fact have to pay back what would make me qualify for this i have no money no job me and the kids will be evicted in a few weeks because im no longer recieving benefits the list goes on and on im so confused if anyone can help i would be very grateful thx
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Old 08-03-2009, 11:40 PM
 
Location: Kingman AZ
15,387 posts, read 21,470,413 times
Reputation: 8509
wow......one long sentance.......
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Old 08-03-2009, 11:57 PM
 
Location: Las Vegas, Nevada
11,253 posts, read 18,731,887 times
Reputation: 3794
If I remember correctly from working UI I think the only way the state would do that after that long, is if they audited the claim and found that the claim constituted fraud. It's not an appeal by the employer, but the employer may have reported something to cause the audit. If that is so they will make you pay it back and if you don't they could put you in the slammer. I do not think the hardship waiver lets you off the hook from paying it back, it only allows you to make payments. But don't quote me on that. You have the right to get an attorney if you can find one that actually understands unemployment law. Most don't. It sounds like you collected at least 26 weeks of regular benefits, and then 26 weeks of extended benefits. Is that right? Nobody collects 52 weeks of UI illegally and doesn't know they are doing it.
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Old 08-04-2009, 01:14 AM
 
10 posts, read 24,067 times
Reputation: 13
the employer did indeed appeal it there wasnt any kinda fraud i went to the hearing my employer stated they dont think i should get the benefits cuz i was in the wrong the reason i got fired was because my supervisor was saying very offensive comments to me and i notified the main supervisor he did nothing about it so i let it go the very next time he started saying more offensive comments i notified the main boss again he ended up writing me up for arguing with my supervisor so i went to HR and filed statements on both of them i was later suspended for false accusationsof sexual harassment and harrasment then a couple days later i was fired for in willfull misconduct this is the same story i gave the unemployment office of course it was more detailed they approved me benefits and a year later the employer appeals it is there any other reason possibly it was nothing to do with fraud on my part
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Old 08-04-2009, 05:55 PM
 
Location: Las Vegas, Nevada
11,253 posts, read 18,731,887 times
Reputation: 3794
Quote:
Originally Posted by cosmogirl2002 View Post
the employer did indeed appeal it there wasnt any kinda fraud i went to the hearing my employer stated they dont think i should get the benefits cuz i was in the wrong the reason i got fired was because my supervisor was saying very offensive comments to me and i notified the main supervisor he did nothing about it so i let it go the very next time he started saying more offensive comments i notified the main boss again he ended up writing me up for arguing with my supervisor so i went to HR and filed statements on both of them i was later suspended for false accusationsof sexual harassment and harrasment then a couple days later i was fired for in willfull misconduct this is the same story i gave the unemployment office of course it was more detailed they approved me benefits and a year later the employer appeals it is there any other reason possibly it was nothing to do with fraud on my part
Uh huh.

BTW: Ever heard of punctuation?
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Old 08-04-2009, 07:33 PM
 
Location: Las Vegas
91 posts, read 120,636 times
Reputation: 52
Red face umployment

Number one to be honset if your x employer waited a year to appeal this case I feel you should have nothing to worry about. Number 2 once you file for umployment they send notice to your employer to get how many weeks you work to determed how much you will get a week. Number 3 if you did not commit any wrong doings then you should have nothing to worry about .

Last edited by stockups; 08-04-2009 at 07:34 PM.. Reason: add somthing
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Old 08-04-2009, 07:57 PM
 
10 posts, read 24,067 times
Reputation: 13
I just keep reading all the stuff on the net and it worries me. I did contact the appeals office today they said both parties have 11 days to appeal a decision from the time they recieved letter of determination. They will also investigate if the employer filed the appeal in a timley manner so ill just wait and see what happens. I just cant believe this and you never know what can happen. I got fired for doing the right thing. I was making 80.000 a year and now only 375 a week it does help a lil. Getting a job in the same field is very hard because i got fired for in-willfull misconduct for false accusation of sexual harrasment and harrasment. Well thx for the comment
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Old 08-05-2009, 02:31 PM
 
Location: Las Vegas, NV
1,067 posts, read 1,769,268 times
Reputation: 485
Quote:
Originally Posted by cosmogirl2002 View Post
I just keep reading all the stuff on the net and it worries me. I did contact the appeals office today they said both parties have 11 days to appeal a decision from the time they recieved letter of determination. They will also investigate if the employer filed the appeal in a timley manner so ill just wait and see what happens. I just cant believe this and you never know what can happen. I got fired for doing the right thing. I was making 80.000 a year and now only 375 a week it does help a lil. Getting a job in the same field is very hard because i got fired for in-willfull misconduct for false accusation of sexual harrasment and harrasment. Well thx for the comment
The details necessary to fully answer your question are unfortunately best not given in this medium. Altogether, to go all cliche, you need to get your ducks in a row and bite the bullet. The fact that your employer waited a year alone says that they were just biding time to see if their mistakes could be swept under a rug. It's a bitter maneuver as well, but money is worth a lot more than that sort of vindiction to any business.

First off, I'll tell you that folks like you are the reason I think basic law should be taught in public schools in place of some of the worthless nonsense we get repeated over and over again. There are a number of areas where you apparently needed professional guidance quite some time ago and up until now. It really disgusts me that, with all we pay publicly and privately for all levels of education, only certain people are given the resources to be privy to the very basis of social order, the law.

While whistleblowing should never be discouraged, it is a dangerous route to take without a full awareness of the documentation that is necessary to ensure you don't find yourself without recourse against an unscrupulous - and bitter - entity that knows the burden of proof is on you.

I don't know much about unemployment law, but you'll want to find someone who does, because as another poster hinted, I believe statute of limitations is less than a year for most things, usually 2-6 months depending on the state and the case context. Unfortunately, unemployment may be treated as an on-going contract that is renewed on a weekly basis, with your employer being a stakeholder... or something like that.

Altogether, consider yourself lucky you got unemployment to go for one year (assuming you got paid every week). In New Mexico, a person who takes pay every week gets cut off after six months. I was lucky a job offer came just after I found that nasty surprise.

My shafting for being naive came when I had to break my lease to relocate... I'm sure there are Nazis and mafiosos with more humanity and scruples than some property managers with a contract. If you don't find a trustworthy lawyer, our society is unfortunately rife with extortionists just waiting to hold credit collections over your head and cut you a "deal" you can't refuse.

Ever since, all I can tell people is to research your rights and the procedures necessary to maintain and assert them. Keep in mind that your fellow middle class folks who barely find the time and money to afford justice are rooting for people like you to do your research, find effective representation, and bite back so hard that these monsters become much more than twice shy.

Last edited by stingraynm; 08-05-2009 at 02:40 PM..
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Old 08-05-2009, 03:21 PM
 
7,779 posts, read 2,943,976 times
Reputation: 2449
Quote:
Originally Posted by cosmogirl2002 View Post
the employer did indeed appeal it there wasnt any kinda fraud i went to the hearing my employer stated they dont think i should get the benefits cuz i was in the wrong the reason i got fired was because my supervisor was saying very offensive comments to me and i notified the main supervisor he did nothing about it so i let it go the very next time he started saying more offensive comments i notified the main boss again he ended up writing me up for arguing with my supervisor so i went to HR and filed statements on both of them i was later suspended for false accusationsof sexual harassment and harrasment then a couple days later i was fired for in willfull misconduct this is the same story i gave the unemployment office of course it was more detailed they approved me benefits and a year later the employer appeals it is there any other reason possibly it was nothing to do with fraud on my part
Who did they find to make sexual harassment complaints about you?

If they aren't true you can fling a major lawsuit against them.
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Old 08-05-2009, 03:34 PM
 
Location: NW Las Vegas - Lone Mountain
15,758 posts, read 19,186,883 times
Reputation: 2661
Lady needs a lawyer though it is likely too late.

I suspect that the sexual harrassment allegation could have been pursued within some time period that has now expired so they can shoot at her with impunity.

She needed a lawyer at day one...and does not have one after 365 days.

Sad if she is telling the truth.
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