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Old 11-15-2010, 12:16 PM
 
Location: Cold Springs
6 posts, read 434,156 times
Reputation: 42

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My husband was let go from his job last week. He was not laid off nor terminated for any type of willful misconduct. His boss basically told him that he was not performing up to their company standards. He called in to Unemployment last week and they told him to go ahead and file the weekly claims but it would need to be adjudicated. His phone appointment happens this Thursday. What happens after the phone appointment? I assume it will take a while before we get any type of payment, if any. How long does it normally take an adjudicator to make a decision and inform him?

Thank you!
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Old 11-16-2010, 01:33 AM
 
Location: Las Vegas, Nevada
12,686 posts, read 36,345,257 times
Reputation: 5520
Quote:
Originally Posted by aslrussell View Post
My husband was let go from his job last week. He was not laid off nor terminated for any type of willful misconduct. His boss basically told him that he was not performing up to their company standards. He called in to Unemployment last week and they told him to go ahead and file the weekly claims but it would need to be adjudicated. His phone appointment happens this Thursday. What happens after the phone appointment? I assume it will take a while before we get any type of payment, if any. How long does it normally take an adjudicator to make a decision and inform him?

Thank you!
They have 21 days by law, but with thousands out of work, it may be taking a little longer. But, he should keep filing his weekly claims even if he isn't getting paid yet. If he stops that's where the checks will stop as the claim closes if you miss a week of filing. If that happened, say for instance he got temp work for a week or something, then he would have to reopen the claim.

FYI, what it's called won't matter much to him, but if he should work a temp, or go back to work and get laid off again within the "benefit year", it's called filing an additional claim. If he just misses a week but no work, it's called reopening the claim. But the claim he just filed, he has a year to collect his original 26 weeks of benefits; it's called the "Benefit Year".

If everything is exactly as you say, he should have no trouble getting his benefits. In fact, as soon as the employer tells the adjudicator what you said, they will probably release his checks before 21 days. I say "checks" out of habit. I know they direct deposit now, or give you a debit card, or something. But whichever, if he's eligible he'll get them all as long as he doesn't stop filing the weekly claim by phone.

I'm not sure if they still assign a day like Sunday or Monday for you to file, but the truth is, you can file anytime after midnight Saturday through that whole week, as long as it is before midnight the following Saturday.
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Old 02-04-2011, 09:53 AM
 
2 posts, read 141,949 times
Reputation: 15
Is there follow up on this? I would like to know when he received his benefits. I just found out my claim will be put into the adjudication process for almost exactly the same circumstance as above. Thank you.
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Old 02-06-2011, 04:07 AM
 
Location: Cold Springs
6 posts, read 434,156 times
Reputation: 42
My update...he got his phone interview with the adjudicator and continued to file. Everything was approved and not challenged and he received checks about three weeks after losing his job. I just lost my job on Wednesday so I will be going through the same thing. I got fired for performance issues as well. I was at my job for almost four years. HR Manager said I couldnt get unemployment. I will ignore her and try anyway.
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Old 02-06-2011, 08:09 AM
 
Location: Alamogordo, NM
7,940 posts, read 9,491,319 times
Reputation: 5695
Employers are becoming ass*&^%$ like I've never before seen. If they let you go there's plenty of Tom, Dick or Harry's to take your place and they know it. Let them rot later on in hell if a plane doesn't smash in to them from some furr-innn-eeer.

Continue to open claims and file. They ought to make these greedy Wall St. bankers personally pay all of us for their selfishness and greed.

Watch out for that latest Katy Perry CD on the airwaves. She's "so...like....pretty."

The U.S. is going down the tubes faster than an emperor penguin going through the icy water looking for food for her young-ins. Greed, corruption, the Pittsburgh Stealers and trickle-down economics are bringing us all down and dan fast, too.

But we need to be resourceful and spend less, save more, eat less, buy less food. Don't buy any new cars and keep up with what's going on. As the magazine says, be Awake. And yes, you might want to grow a big pair and listen to those nicely-dressed people at your door carrying bookbags. They know what you need, it is up to you to listen, learn, change and get baptized in Jesus' name.

Or don't. It's your choice. If Pittsburgh wins today's Super Bowl I'll take apart my 2008 Mitsubishi Lancer GTS in Rally Red piece by piece and eat it. Come find me afterwards and we'll talk.
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Old 02-06-2011, 08:49 PM
 
Location: Las Vegas, Nevada
12,686 posts, read 36,345,257 times
Reputation: 5520
Quote:
Originally Posted by aslrussell View Post
My update...he got his phone interview with the adjudicator and continued to file. Everything was approved and not challenged and he received checks about three weeks after losing his job. I just lost my job on Wednesday so I will be going through the same thing. I got fired for performance issues as well. I was at my job for almost four years. HR Manager said I couldn't get unemployment. I will ignore her and try anyway.
NEVER! EVER! Let anyone tell you that. You can always file for unemployment and it is up to the State to decide if you qualify, NOT the EMPLOYER.

Employers will tell you that hoping you won't file, but you should always file immediately when discharged from a job, unless you got fired for misconduct. In that case it pays to know the law, and a few tricks of the trade. But if they convince you not to file, it saves them money on payroll taxes (they think). Now that they've let you go you owe them nothing.

Unless the performance issues were caused by misconduct, like not showing up for work, etc., inability to do the work is not usually disqualifying. A lot of people can't do the work. No shame in that.
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Old 02-27-2011, 08:58 AM
 
Location: Cold Springs
6 posts, read 434,156 times
Reputation: 42
My newest update...two Thurs ago I had my interview with the adjudicator. I told her why I was let go and how I was understaffed for nine months and when I addressed my concerns about not being able to do all my work, I was told to suck it up and do my best. I checked my status online on Friday and it still says my eligibility is still pending and I haven't gotten a denial letter so I am still hopeful.
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Old 04-06-2011, 11:04 AM
 
1 posts, read 139,874 times
Reputation: 13
Default Unofficial determination?

I have a question for Buzz123. I applied for unemployment after being fired on March 13. I called today and was told my unemployment had been approved and I should start receiving payments by Friday. They also told me it was an unofficial determination so I probably would not receive a letter in the mail. What does unofficial determination mean?
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Old 04-09-2011, 02:26 AM
 
Location: Las Vegas, Nevada
12,686 posts, read 36,345,257 times
Reputation: 5520
Quote:
Originally Posted by nicholemart702 View Post
I have a question for Buzz123. I applied for unemployment after being fired on March 13. I called today and was told my unemployment had been approved and I should start receiving payments by Friday. They also told me it was an unofficial determination so I probably would not receive a letter in the mail. What does unofficial determination mean?
I don't know; never heard of that one. Sounds like you got a rookie on the phone. If you were "fired" they have to issue a determination by letter and give the other party ten days to appeal. But if you were laid off due to lack of work you will just automatically start getting the weekly benefits. They always send you a letter of monetary eligibility, but that only tells you how much you would get if you were otherwise eligible. I'm wondering about the time frame though. With no issues you should have already received three "checks". With an issue it should take them at least another week to write the decision. Maybe you got some vacation or severance pay? They handle that pretty fast.

Don't worry about it. Just take the money and run.
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Old 10-08-2011, 12:24 PM
 
1 posts, read 138,934 times
Reputation: 18
I have been in adjudication for over seven weeks and I have been told in my last conversation with the benefits office that it could take another three to four weeks. This sounds like a run around to me, they also informed me of there being no time set in stone for a decision to be made. Is this correct?, or am I getting the shaft?
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