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Old 05-12-2010, 10:38 AM
 
126 posts, read 199,442 times
Reputation: 81
Default unemployment appeal denied, reapplying for benefits?

someone please offer assistance, i am going to try to keep this short and sweet but include all the relevant details i think may be needed to give insight.

last september my fiance was laid off from his job of three years because work was slow, and he was wasting more money going to work just to be turned away. but before he was officially laid off...he went daily for about two weeks, only to be sent home for lack of work. he feels *and so do i* that he put in sufficient effort in trying to show his boss that he was willing, since he went in every day even though he was told there was no work.

in october or so, he applied for ui benefits. he was approved, but after two checks, he was told that his boss appealed him collecting the benefits because he "quit" the job when work was readily available. the ui mediator suggested to my fiance that he return to work immediately so he'd have an income, and ON THE PHONE his boss said that he could come to work the following monday.

fiance went back to work on monday, but the boss sent the supervisor to talk to him, and told him "no work today, sorry buddy". fiance came home super po'ed at the whole situation, and decided to appeal the ui decision immediately since he only had 7 days or so to do so.

fiance appealed the decision, and ui sided with the boss, and fiance was left not only without any income, but he also had to pay back the monies he DID receive from ui. we struggled through the winter, living off my ui checks, and we made it through.

fastforward to last month. fiance calls up unemployment to see if there was any hope for the claim after an appeal. lady tells him no bc the time limit has expired, but to try and work for 6 more weeks and then reapply *ive never heard of this but whatever, we'll try anything at this point*. fiance decides to randomly go back to the job to see if they were hiring. they needed help for a few jobs and took fiance back. he worked a full 40 hour week for 2 weeks, and then the job started declining just like last year. this week makes 5 weeks that he's been back, but last week and this week he only got 2 days of work in. his pay stubs reflect this clearly. so now, next friday makes 6 full weeks since he's been back on payroll at the old job.

my question is...if he were to reapply to open his old claim, would he be able to use the fact that he did not work the entire winter and only got decent pay for 2 out of the last 6 weeks for proof that he is not lying about this man laying him off last year? is he forced to continue "going to work" only to be sent home for lack of work *he doesn't want to be lazy so he goes but it's frustrating to drive a whole city over and waste gast just to be turned away, and to save gas he often walks across the entire city, literally*? what other proof can he use when he tries to redo/open another ui claim? i told him that the fact that the boss said he "quit" his job, yet hired him right back and gave only 2 weeks of decent pay out of 6 weeks shows a steady decline in his ability to give solid work to many of his employees.

does anyone have any advice/experience/suggestions they can give to us? we both have NO income at all now, fiance is still going to this job daily but being sent home 4 days out of 5 (he makes 12.00 an hour, about 8 hours a week work), and we are looking for work like madmen but there's nothing out there at the moment. rent is due and we're just trying to make it, not cheat ANYONE out of ANYTHING. is he even technically eligible to refile his ui claim??

oh, one more piece of advice. this same exact situation happened two years ago, but the job didn't appeal the ui claim, and hubby was able to collect ui from december until march, and then the job rehired him on, allowing him to work pretty steadily until this latest bout of no work starting last september. not sure if that makes a difference, but i forgot to add it in.

if you made it this far to reading, thanks so much for sharing your time and concern. i just want to give fiance a heads up about what to expect, and i find this forum to be the absolute best in terms of ui information/economy etc.
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Old 05-12-2010, 01:42 PM
 
162 posts, read 185,918 times
Reputation: 38
talk to a labor lawyer
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Old 05-12-2010, 02:28 PM
 
140 posts, read 222,964 times
Reputation: 31
If he's not getting paid how would UI consider him employed? Did his employer have to show proof that work was available? At the very least he could have been eligible for partial benefits assuming he was getting some hours per week. Sounds like you didn't fight hard enough and just let them lie, especially after the 1st appeal where they said work was available but there wasn't.

A lawyer might help, since his employer may have provided false or misleading information causing him to be denied benefits. Check legal aid and good luck.
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Old 05-12-2010, 04:18 PM
 
Location: Wicker Park, Chicago
4,793 posts, read 7,740,344 times
Reputation: 1801
If both of you aren't pulling income I'd try welfare and food stamps now.
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Old 05-18-2010, 12:22 PM
 
126 posts, read 199,442 times
Reputation: 81
thanks everyone. mad, you're right...he did "give up" after the first appeal flopped, the worker made it seem like his options were exhausted and he had to just "go back" to the job, so he did. and got sent home for lack of work.

today he is going to attempt to reopen his benefits, we figured the only thing they can do is say "no" again, but maybe we can fight harder.

legal aid may be of good help, i didn't think of that. we can't afford any other attorneys so that's out of the question.

rlukas--we thought about that, but the cost is what deterred us. i hadn't thought about legal aid though--which can be free if you qualify. so if we continue to have problems, we will definitely seek them out.

jesse--i am waiting for welfare as a very last resort. i have been there and done that and let me tell you--they have a way of screwing you over even worse than unemployment. but because i do get child support i am eligible for some food stamps now, which i get.

thanks everyone...will update on how the status of the reapplication turns out.
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Old 05-19-2010, 12:44 PM
 
126 posts, read 199,442 times
Reputation: 81
well, he went on and reapplied to collect his ui, the phone operator asked him why he waited so long to reapply! he explained because he didn't want to be accused again of not maintaining work, and she told him that if his boss isn't paying him, he can apply as soon as he has missed a check, doesn't have to wait for weeks.

anyway, she said his old claim will be reopened and he should be getting his envelope within the week. also told him to make sure he appeals fully any actions that his former employer may try to take against him because he probably won't win another appeal since the situation is clear that we have no income from this job, even though he was working, and it was not reported that he was fired from the job *which he wasn't*.

because this is the second time with the same employer and same claim, we are praying that all goes well this time...i will update in a few more days on this situation!
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Old 05-20-2010, 10:33 AM
 
140 posts, read 222,964 times
Reputation: 31
Cool.
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Old 05-22-2010, 05:06 PM
 
126 posts, read 199,442 times
Reputation: 81
well, i'm totally confused, so is fiance. yesterday he got a paper in the mail from ui telling him to claim his benefits 5/18. he was already 3 days late so he called up and claimed, and the machine told him a check wasn't payable but that he would be credited. he spoke to a rep who told him that he wasn't eligible to collect ui this time because he was disqualified back in september 2009, and that in order to "qualify" for ui he would have to get a job, make 1,400.00 and then reapply for ui, at which time he would be able to collect. she said it doesn't matter what job he works at, only that he makes the 1,400.00. then she gave him the ui fax number so he could fax his paystubs over "when he finds work."

she didn't clarify further and my fiance *to my dismay* did NOT get her name.

ok. so now he has to get a job to collect ui? that makes no sense to me.

on monday we are going up there and i am going to demand that a supervisor look at this case and tell us what exactly is going on and what EXACTLY is it that he has to do to reopen the case and WHY he has to do it. the last time we were told "work 6 more weeks and you'll be eligible". he attempted to do that, but only got 3 weeks worth of checks and now he is told "make 1,400.00 and you'll be eligible". i don't trust that information simply because the last set of info he was told turned out to be crappy, obviously.

i want to know exactly where they get the number 1,400 from, especially when he already has 6,000.00 in his ui account, how long will he be disqualified if he doesn't find a job, and if he can use the fact that his employer paid him again after he said he quit to fight the last "disqualification".

it's really ridiculous to go through this, and one thing is for sure. even if he doesn't get the benefits reopened, they'll have a story to tell at their dinner tables that night, because i'm going to really dig somebody a new butthole if we don't get decent answers.
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Old 05-24-2010, 11:08 AM
 
140 posts, read 222,964 times
Reputation: 31
Visit your UI website and find links for legal aid or just search the web. Explain your story and hope someone is willing to help out. Its your best chance to have your claim re-opened. Good luck.
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Old 05-24-2010, 01:17 PM
 
126 posts, read 199,442 times
Reputation: 81
we're gonna have to do just that i see. thanks so much!
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