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Old 05-29-2012, 10:07 PM
 
25 posts, read 72,983 times
Reputation: 16

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I am posting this for a friend who was part of the layoffs I was in the end of 2010 start of 2011. I was talking to him on the phone asking how he was doing since we were laid and he said he was denied unemployment and I was surprised because we were laid off for the same thing and I received unemployment. The only difference is he was offered a severance package because of years of service but regardless he would have been laid off anyway. Unemployment told him in his case it was voluntary because he took the money and was not laid off. He was wondering if is possible to try again or is to late he did not appeal the first decision early last year. The worst thing is I made a couple phone calls to other friends and they got unemployment with his situation with his same severance packgage. thanks for any info-
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Old 05-29-2012, 10:15 PM
 
14,500 posts, read 31,079,420 times
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Normally, I'd say it's too late, but when you don't have any other alternatives give it a try and hopefully the state accepts a late appeal.
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Old 05-29-2012, 10:22 PM
 
Location: Wisconsin
25,580 posts, read 56,482,264 times
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Totally wrong. His employer probably said this was a voluntary resignation and your friend didn't contest. Nonetheless, he could have appealed and should have won benefits. Severance packages are given all the time and do NOT preclude anyone collecting unemployment benefits.

People are too willing to take the first no. If the employer was laying off and providing severance to the longer-term workers, it was not a resignation, it was a discharge.

He still be might be able to appeal this. Here's an interesting thread on how far back some of these benefits can be paid. This is a CA case:

//www.city-data.com/forum/unemp...dd-owe-me.html

End result. CA is now paying that claimant $11,000 in back benefits.
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Old 05-29-2012, 10:36 PM
 
25 posts, read 72,983 times
Reputation: 16
What would be the proper steps for him to do this open a new claim or go off the old claim he was denied. Would you do it over the computer or by phone. thanks you
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Old 05-29-2012, 11:11 PM
 
14,500 posts, read 31,079,420 times
Reputation: 2562
Does he still have the original denial determination? There will be appeal instructions. Follow them.

If not, he needs to call because he wants to appeal that specific determination, not open a new claim.
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Old 05-29-2012, 11:44 PM
 
25 posts, read 72,983 times
Reputation: 16
Yes, I called him he does have the papers. I hope it works for him its crazy that some people get benefits and some dont for the same thing. He said the first lady in the first pone interview was putting words in his mouth and could hardly get a word in and for me it was the opposite very nice person.
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Old 05-30-2012, 12:07 AM
 
Location: California
4,400 posts, read 13,394,577 times
Reputation: 3162
Quote:
Originally Posted by jdvert View Post
What would be the proper steps for him to do this open a new claim or go off the old claim he was denied. Would you do it over the computer or by phone. thanks you
CALL!!!! Not sure what state he is in, but the stories of people with "odd" claims ending up straightening things out for a while after applying online are endless. It is better to spend the time on hold to get to a live person than to spend the time on hold to fix the crazy errors made by the person who processed your claim when you filed online.

Once you get to a live person, push until someone is listening and has answers that they can back up with statutes or facts. The good ones DO know the laws, guidelines, and statutes they are quoting.
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Old 05-31-2012, 12:33 AM
 
25 posts, read 72,983 times
Reputation: 16
I would like to think everybody for the help. He called and they said he waited to long to appeal. He can write a letter to EU for re-determination.
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