They are appealing my unemployment claiming that I am full time... I could use some advice. :( (letters, employee)

[aluckyducky]

I was hired at a restaurant back in October. In January, they closed down for a major remodel. The managers were saying that it could take up to four weeks and encouraged the original servers to file for unemployment. I filed and recieved unemployment.

I stayed on unemployment after the restaurant opened. I was on unemployment for the two weeks of the remodel (it only ended up taking two weeks, the first week of training (11 hours), and then I continued claiming when my new schedule at this new chain only gave me TWO shifts a week!

* One manager in particular pulled me aside to tell me that I still qualified for partial benefiets at this point, until the overstaffing and things balance out on the schedule and I can work enough hours to support myself again.

I honestly reported my hours, but I also continued claiming. There was one week in particular where I was able to buy some shifts off of my coworkers, and so I was able to report 28 hours that week.

But with the exception of that week, I have averaged 10-13 hours a week and have continued claiming.

Then, when I went to claim for this last week (12 hours), it denied my claim. It said that I had worked full time (didn't happen), and that the company that I am working for has appealed my unemployment and set a date for an appeal!


I got a packet in the mail with a lot of information. They say that there is a SEPERATION FROM WORK issue and that I am a FULL TIME EMPLOYEE!

Sure, I might have signed up as a full time employee on my application. That is, after all, what I expected to be. But I am certainly not working full time hours. I am not working enough to support myself and cannot afford to not get unemployment until I find a better job.

I only worked five hours this week, after two of my shifts were deleted from my schedule due to overstaffing...

What gives? Am I doing something wrong? I have no idea what to say at this appeal? Do I have an argument? Can anyone help me???

[kodaka]

I realize it can be traumatic but from what you describe it sounds like just a clerical error. That is, unless there's some other issue such as the length of time you were employed (it might be mentioned in reference to a 'benefit year'). Unfortunately, unemployment offices are a bureaucratic mess and it's all but impossible to sort out except through an appeals process.

Appeals are usually handled through an administrative hearing. There's a judge and the process works somewhat like what you see on tv, but a lot less formal. The 'courtroom' is usually just a conference room or a large office, and there are no lawyers. You can seek advise from a lawyer if you wish but they are not allowed to speak for you at the hearing. To make things balanced, usually the unemployment office is not allowed to be represented by a lawyer either.

You are required to file your appeal at the administrative hearing office, usually within a few days of receiving your packet. Make sure you meet that deadline. You usually will need to disclose your 'evidence' at least a week before the hearing to both the court and the UE office. Be sure to keep originals for yourself. In your case, probably pay stubs, copies of the schedule, and anything written regarding the term of your layoff and terms of rehire from your employer. If you can, see if you can get your supervisor to write and sign a letter explaining the terms of your employment as it stands today.

At the hearing, you just need to present your case in plain English. You will be given a chance to testify and to question the unemployment office representative if you wish. You don't need to be eloquent like Jack McCoy. Just be honest and truthful (you will be under oath when you testify--lying would be illegal).

Be aware that the administrative judge doesn't issue a ruling at the end of the hearing like they do on tv. They do so in writing after the hearing. Usually it takes about a week to get the ruling, although legally they can take as long as they want. And the written ruling isn't necessarily required for the unemployment office to act--if your evidence is clear, they can (and should) re-start your claim immediately.

In addition to bringing your evidence, I suggest you also bring a notepad and pen for taking notes. The UE rep will have to identify themselves by name. Keep a record of that and see if, during their testimony, you can ask them for their contact information--fax number, email address, or direct phone number--for followup after the case. Maybe it won't help, but it will at least put them on notice that you expect them to be accountable.

In addition to the written ruling from the judge after the hearing, you can request an audio or written transcript of the hearing (it is recorded for the judge's review in preparing their ruling). The exact rules will depend on your jurisdiction. Also be aware that there should be one more appeal after this round, even if it goes against you.

And one final thing--even if you aren't receiving any money, be sure to log on or call in and file your claim every week! If it is ruled in your favor you should receive 'back pay'.

[WannaliveinGreenville]

Document...document....

If you have any emails, letters, texts, anything that can prove you were part time as reported by your boss to you, including phone calls and conversations, get a binder and fill it with everything you can remember, who said it and when....

You will need this at your appeal hearing.

Good Luck...