[Buzz123]

Originally Posted by jnvegas

Ok, I blew it, it was my wife that had the appeal, and yes she wanted me to represent her, but I really had no documentation. They did, I had requested that the video and the witness's that "wrote the statements be there. Of course they were not present, I made a point of that, what I did not make a point of was that one of the so-called witness had the supervisor fire at least 3 other employees, because she didn't like them. Also the other witness only spoke Spanish.

The next time I'm asked for free advice or information about unemployment matters, I'll remember your particular dissembling; but I hope it doesn't stop me from wanting to help other people.

Do you really think that every time you lie to someone it's made OK by saying, "OK, I blew it"?

I never learn I guess. I dealt with people like you for years. In fact, I learned that most people who get fired probably deserve it, and they never tell you the truth about what they did.

But I'll keep trying.

[jnvegas]

Wait, ok, I didn't want to say it was my wife, but that was the only untruth. The rest was true, I was not sure if the employer would look at this site. I asked for the people that made statements to atend the meeting, I also asked for the video of the incident. They didn't bring the employees( I had give DETR) a copy of my request. Nor the video. The statements were true, except it happen to my wife, not sure why you are so upset.

[jnvegas]

what are you upset about, didn't want to say it was my wife that was fired, but the rest was all true!

[Buzz123]

For anyone collecting unemployment, if you haven't done so truthfully, the state apparently has two years to reopen your claim and take back the money, according to the way I read this revised statute. I had never heard of this happening, but it probably did so quietly. Since they are running out of money I gess the pressure is on to get tough.

NRS 612.480 Redeterminations.

1. Except as otherwise provided in subsection 3:

(a) The Administrator or a representative authorized to act on behalf of the Administrator may at any time within 1 year after the date of an initial determination that a person is an insured worker reopen the determination on the grounds of nondisclosure or misrepresentation of material fact, error, mistake or additional information, and may make a redetermination denying all or part of any benefits previously allowed or allowing all or part of any benefits previously denied.

(b) At any time within 1 year after the end of any week with respect to which a determination allowing or denying benefits has been made, the Administrator or a representative authorized to act on behalf of the Administrator may reopen the determination on the grounds of error, mistake or additional information and make a redetermination denying all or part of any benefits previously allowed or allowing all or part of any benefits previously denied.

(c) At any time within 2 years after the end of any week with respect to which a determination allowing or denying benefits has been made, the Administrator or a representative authorized to act on behalf of the Administrator may reopen the determination on the grounds of nondisclosure or misrepresentation of a material fact and make a redetermination denying all or part of any benefits previously allowed or allowing all or part of any benefits previously denied.

2. Notice of any redetermination must be promptly furnished to the claimant and any other party entitled to receive the original determination.

3. No determination described in subsection 1 may be reopened if an Appeal Tribunal has rendered a decision respecting that determination.

[6:129:1937; renumbered 6.6:129:1937 and A 1951, 346; A 1955, 698]—(NRS A 1981, 396; 1993, 1828)

NRS 612.485 Finality of determination or redetermination.

1. Any determination or redetermination is final 11 days after the date of notification or mailing of the notice of determination or redetermination unless a request for reconsideration or an appeal is filed within the 11-day period.

2. Nothing in this section limits or abridges the authority of the Administrator to make a redetermination as provided in NRS 612.480.

3. Any notice of a determination or redetermination must clearly indicate the interested persons’ right to appeal.

[6:129:1937; renumbered 6.7:129:1937 and A 1951, 346; A 1955, 698]—(NRS A 1959, 902; 1993, 1829; 2005, 447)

[arcadia10]

Not sure if I am doing this right, its my first time on this site.
Anyway, I was collecting unemployment for a little under a year. I recently found a job and stopped collecting. However the new job I started working is commission based after a preliminary paid training period. After this initial period you then go into a draw situation, and if you do not sell you end up oweing the employer. Sales have been very slow and within a week or so I will be oweing the employer a few thousand dollars, and the amount will go up the longer I stay. I imagine that they will let me go eventually, but would like to just cut my losses now before I get further in the hole, and use this time to find another job, but......
I am worried that if I quit, it may affect me from being able to go back and re-establish my existing claim of unemployment from my previous employer. I dont think I would be trying to collect from the present employer because I have only been there for just shy of 2 months. If someone could advise me on the best way to get out of this situation, I would greatly appreciate it, as I am not at all familiar with how unemployment works in Nevada or anywhere for that matter.
Thanks Arcadia10

[Buzz123]

Originally Posted by arcadia10

Not sure if I am doing this right, its my first time on this site.
Anyway, I was collecting unemployment for a little under a year. I recently found a job and stopped collecting. However the new job I started working is commission based after a preliminary paid training period. After this initial period you then go into a draw situation, and if you do not sell you end up oweing the employer. Sales have been very slow and within a week or so I will be oweing the employer a few thousand dollars, and the amount will go up the longer I stay. I imagine that they will let me go eventually, but would like to just cut my losses now before I get further in the hole, and use this time to find another job, but......
I am worried that if I quit, it may affect me from being able to go back and re-establish my existing claim of unemployment from my previous employer. I dont think I would be trying to collect from the present employer because I have only been there for just shy of 2 months. If someone could advise me on the best way to get out of this situation, I would greatly appreciate it, as I am not at all familiar with how unemployment works in Nevada or anywhere for that matter.
Thanks Arcadia10

My God how could you get into a situation like that?

I'm not positive since I don't know all the facts, but here's my opinion. I did work for ESD but don't think I ever ran across this situation. The thing is, you can't do the job, and it sounds like the employer is a screwing you. It really sounds like a scam. So I think you could quit and go reopen your claim. If you reopen a claim following another layoff, that is called an Additional Claim (AC). If you stop filing, but don't take another job, it's called a Re-open (RO), and there is no penalty, and no need to list subsequent employment if there was none. I don't think there is any way in he** they can consider this thing you are doing as "employment", unless you are leaving something significant out of what you're saying here.

Again, I don't guarantee this, but I do believe you have good reason to quit, especially since it isn't a real job. When filing a claim you have to list your last and next to last employers. From what you are saying I believe that you are self-employed, so you wouldn't list that. If you didn't work anywhere else since filing the Initial Claim (IC), you would list the exact same two jobs that you did on the IC when you filed originally, as you are really self employed with this "job". So from what you are saying, I do not believe that this job would be considered your last employer, and you would just reopen the claim as it was when you quit filing. And, I do hope you quit filing as soon as you went to work, and not when you got a paycheck, as that would be fraud.

Anyway, if ESD did consider this an actual job, which I don't think they will, I still believe you have sufficient reason to quit since you are just getting scammed anyway, but most of all because you can't perform the duties. But commission only jobs are like self employment, and you can quit your own business anytime you want.

[Buzz123]

If you are worried about it, take two temp jobs, then file the additional claim. Civilians call it reopening the old claim but that's not technically right (see above post). Anyway, temp jobs are layoffs when you go home at night and wait to be called again. The last two temp jobs (or on call jobs), even if for the same employer and you worked two consecutive days, counts as two jobs, as long as when you went home at night you didn't know that you'd be working the next day until they called you in.

[arcadia10]

I am not sure if it is a scam, I dont think it is. It is actually selling new homes, but I am not considered as self employed. I am an employee. They have a base salary that they pay the first month of employment. The second month is also paid with the understanding that if you do not make your quota of sales, they can then recover the second month salary, and the third month of salary paid is recovered by them regardless. They are assuming that by then, you will have sold enough to have income coming in and there would be no draw, and if you havent sold by then you really wouldnt want to be working for free anyway so you would probably just leave on your own. The problem is I am already in the second month and on the verge of owing them back for the month since I have not made the quota, and if I remain another month I will owe twice as much.
I believe that since I am an employee, and I have received 2 pay checks that were taxed, for the first month, I would have to list that when attempting to refile for unemployment.
I am just worried that if I leave on my own I could be screwed out of unemployment.
I hope that this makes more sense now??? Oh yeah, and the contract I signed states that I would be responsible to pay back any amount paid to me other than the first month of salary.
If you are not sure of the answer, is there some other way I could find out?? Thanks
Arcadia 10

[Buzz123]

Originally Posted by arcadia10

I am not sure if it is a scam, I dint think it is. It is actually selling new homes, but I am not considered as self employed. I am an employee. They have a base salary that they pay the first month of employment. The second month is also paid with the understanding that if you do not make your quota of sales, they can then recover the second month salary, and the third month of salary paid is recovered by them regardless. They are assuming that by then, you will have sold enough to have income coming in and there would be no draw, and if you haven't sold by then you really wouldn't want to be working for free anyway so you would probably just leave on your own. The problem is I am already in the second month and on the verge of owing them back for the month since I have not made the quota, and if I remain another month I will owe twice as much.
I believe that since I am an employee, and I have received 2 pay checks that were taxed, for the first month, I would have to list that when attempting to refile for unemployment.
I am just worried that if I leave on my own I could be screwed out of unemployment.
I hope that this makes more sense now??? Oh yeah, and the contract I signed states that I would be responsible to pay back any amount paid to me other than the first month of salary.
If you are not sure of the answer, is there some other way I could find out?? Thanks
Arcadia 10

Yeah, the first month's base pay might be a problem. Straight commission is self employment. It's always risky to go on a draw. If they let you go for not selling, as long as you are trying and show up on time, etc., it won't go against you to be let go because you can't do the job. You can always quit and do the temp job thing as long as you work at least two. In fact you can work temps and still collect partial UI, or full UI for weeks you don't work at all. It takeas a lot of claim filing, but thousands of Las Vegans, and people all over the U.S. do that year after year.

I left unemployment to go into the employment side before they went to telephone, and now, internet claim filing, and things in the office changed a lot. But you should be able to call a supervisor and ask how it works in your situation.

Call 486-0135 or 486-0136 and ask to talk to a supervisor.

[Buzz123]

BTW, what are you selling?