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Old 08-12-2010, 08:34 PM
 
1 posts, read 21,506 times
Reputation: 13

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Can an employer fire you for one reason, then come back and appeal the decision made to give you unemployment and now say there was misconduct?

I was released without notice, asked to sign an invalid severance agreement, and after time for my vacation pay, started receiving unmeployment only to receive a notice of appeal from NCESC saying that I either quit or was discharged for misconduct!

Also, once you start receiving unemployment in NC can the employer appeal it after a month and take it away?

Last edited by formerlgemploee; 08-12-2010 at 09:27 PM..
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Old 08-13-2010, 07:14 PM
 
Location: Boone, NC
1,166 posts, read 3,425,366 times
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Quote:
Originally Posted by formerlgemploee View Post
Can an employer fire you for one reason, then come back and appeal the decision made to give you unemployment and now say there was misconduct?

I was released without notice, asked to sign an invalid severance agreement, and after time for my vacation pay, started receiving unmeployment only to receive a notice of appeal from NCESC saying that I either quit or was discharged for misconduct!

Also, once you start receiving unemployment in NC can the employer appeal it after a month and take it away?
When you file a claim, the following day paperwork is sent to the employer asking for the reason for your separation. They have 10 days to return the paperwork. If they return the paperwork and indicate either a "quit" or "discharge", that will raise an issue on your claim and it will have to go through the adjudication process. When you filed, if you said "lack of work", you may have timed it just right that you were able to begin collecting your benefits before the end of the 10 day period that the employer had to return the paperwork. But the employer's response, if within those 10 days, would still raise an issue and would still have to be adjudicated, even if you've already begun receiving benefits.

If you were receiving benefits during the adjudication process, your benefits would continue until a decision was made. At that time, if you're ruled against your benefits would stop (and you may or may not be slapped with an overpayment). You could appeal at that time. If the adjudication ruling is in your favor, your benefits would continue and your employer could appeal. Your benefits would continue during the appeal process. After the adjudication ruling, normally either side has until 10 days after the date of the ruling to appeal. It may SEEM like it's been after a month, but if you've been receiving benefits that long you may have received them prematurely. It may still be within the 10-day window from the date of the determination for them to appeal.
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Old 04-08-2011, 03:10 PM
 
1 posts, read 20,337 times
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I on my third level of appeal for unemployment benifits, waiting on a decision...The employer terminated me as General Mrg bc i made the schedule then had to switch one day with my assistant. The adjucator claims that i was suppose to let him no in advance of my schedule change which is incorrect. The employer claim to have told me on other occasion about this matter which is also incorrect, they showed no evidence of write ups, documentation of agreements stating i need to tell someone inadvance about my schedule change if i only out the store for my usual two days from work. I got deniel benifit twice and waiting on the appeals decision third level, why am i get deniel when i didnt cause any harm to the employer?
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Old 04-08-2011, 07:14 PM
 
210 posts, read 208,787 times
Reputation: 34
Quote:
Originally Posted by d-nice500 View Post
I on my third level of appeal for unemployment benifits, waiting on a decision...The employer terminated me as General Mrg bc i made the schedule then had to switch one day with my assistant. The adjucator claims that i was suppose to let him no in advance of my schedule change which is incorrect. The employer claim to have told me on other occasion about this matter which is also incorrect, they showed no evidence of write ups, documentation of agreements stating i need to tell someone inadvance about my schedule change if i only out the store for my usual two days from work. I got deniel benifit twice and waiting on the appeals decision third level, why am i get deniel when i didnt cause any harm to the employer?
you should bring that up at your appeal!
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Old 04-09-2011, 02:09 AM
 
30 posts, read 60,869 times
Reputation: 27
there is more to this story I bet

let us know what happens
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Old 04-09-2011, 11:55 PM
 
18 posts, read 56,322 times
Reputation: 36
If you honestly feel you did your best, never had disciplinary action against you and were in fact fired illegally. Get a lawyer. My brother's "boss" was a female dog and had tons of HR compliants against her but for what ever reason she was still there. So when her boss left and she was put in charge until a higher up was found, she fired my brother the next day, no joke. There was no reason at all, my brother is a solid worker who always did what was told and never had any kind of complaints or anything against him. And of course he was then deny him unemployment. We had to get a lawyer and set up a phone hearing. The idiots from his company never showed and he got his unemployment. Really pissed us off though that he had to stress out for 2 months and hire a lawyer in order to get what he was rightly owed. Best part though was finding out his boss was fired a week after firing him, and someone inside told us it was because she had fired him illegally, and then filled out the unemployment denial when she should have given it to HR.

So again, send the one sentence letter in appealing the decision, and then get a lawyer. Youll get letters in the mail from them as soon as your appeal has been made offical.
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Old 04-10-2011, 11:30 AM
 
210 posts, read 208,787 times
Reputation: 34
Quote:
Originally Posted by meandmygsp View Post
If you honestly feel you did your best, never had disciplinary action against you and were in fact fired illegally. Get a lawyer. My brother's "boss" was a female dog and had tons of HR compliants against her but for what ever reason she was still there. So when her boss left and she was put in charge until a higher up was found, she fired my brother the next day, no joke. There was no reason at all, my brother is a solid worker who always did what was told and never had any kind of complaints or anything against him. And of course he was then deny him unemployment. We had to get a lawyer and set up a phone hearing. The idiots from his company never showed and he got his unemployment. Really pissed us off though that he had to stress out for 2 months and hire a lawyer in order to get what he was rightly owed. Best part though was finding out his boss was fired a week after firing him, and someone inside told us it was because she had fired him illegally, and then filled out the unemployment denial when she should have given it to HR.

So again, send the one sentence letter in appealing the decision, and then get a lawyer. Youll get letters in the mail from them as soon as your appeal has been made offical.
Im Happy for your brother! Nice to hear the good guys Win SomeTimes!!!
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Old 04-11-2011, 07:40 PM
 
2 posts, read 40,512 times
Reputation: 11
i have a question. my husband applied in 7/2010 was approved and received benefits thru 10/10, found a job, contacted unemployment and we were done.....so we thought! Today 4/11/11 we received a letter in the mail that he never should have received benefits and we have to repay ALL $4700 by 7/2011. Is that legal??? I understand getting denied a month or two into it but he received for 4 months and it has been 6 months since it stopped...... help!
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Old 04-11-2011, 08:09 PM
 
210 posts, read 208,787 times
Reputation: 34
Quote:
Originally Posted by melsamomof5 View Post
i have a question. my husband applied in 7/2010 was approved and received benefits thru 10/10, found a job, contacted unemployment and we were done.....so we thought! Today 4/11/11 we received a letter in the mail that he never should have received benefits and we have to repay ALL $4700 by 7/2011. Is that legal??? I understand getting denied a month or two into it but he received for 4 months and it has been 6 months since it stopped...... help!
NEED MORE INFO.....why did they Say u were not eligible?
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Old 04-12-2011, 02:46 PM
 
2 posts, read 40,512 times
Reputation: 11
The letter that we received yesterday just states that he was overpaid and the overpayment was the result of a determination or appeal decision that he was not eligible to receive benefits from 7/2011 on. How is that possible? So anyone who applies for unemployment and receives it is at danger that MONTHS later then can come back and say sorry we shouldn't have given it to you??
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