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kate4798 · 11-05-2013, 12:53 AM

Hi All,
Wondering if you can help- i was fired from my job on Oct 21st. I filed for unemployment the next day. Received my letter in the mail stating what my amount would be per week and also that i have a phone interview, which is scheduled for tomorrow afternoon. i am really nervous as i am hoping that i will get approved.
here is the Back story- i went on maternity leave July 23rd. Prior to my leave, I had a performance review, which was good, and i also received a letter from the company stating that i was getting a raise due to my good performance review. This letter is dated July 5th, 2013. My first day back from maternity leave, my work fired me- citing poor performance prior to my leave and that i had made too many mistakes. i hadn't even been there for the past 12-13 weeks and they fired me.
I have done a lot of research and i know that misconduct will certainly get you denied unemployment benefits. do you think i will get denied due to misconduct or do i have a shot at getting approved? FYI, i live in IL and my job also told me that they would contest unemployment, but it would ultimately be the states decision.

TIA for any help!

Chyvan · 11-05-2013, 01:06 AM

Poor performance is not misconduct. In the UI world it's consider inability. Stop worrying about it.

kate4798 · 11-09-2013, 05:55 PM

thanks for your reply. the phone interview went ok- it was only 2 minutes and i just answered the questions and kept it short. the interviewer said that she just needs to speak to my employer and that i would get a letter in the mail within 10 days letting me know if i was approved or denied. So today i received the funds for 1 week in my checking account. but i havent received a letter in the mail telling me if i was approved or denied. since i received benefits, is it safe to assume that i was approved? Or do i need to worry about this being a mistake and they can still take the benefits away if i get denied?

Chyvan · 11-09-2013, 07:12 PM

If you got the money, it's no mistake. However, your employer can still appeal and you can lose your benefits at a later date or for an entirely different reason.

Protect yourself by spending every nickle while you have the chance. The state is nearly powerless to collect an overpayment unless you voluntarily turn over the money to them.

While it will probably never go that far, there is no good reason to bank the money or worry about something that might happen in case they might want it back, and you need it a heck of a lot more than they do.

kate4798 · 11-13-2013, 06:14 PM

Thanks again. this is so confusing though! so the money was deposited into my account on Saturday 11/9. I got a letter in the mail today that was dated 11/8 saying that my benefits are being withheld pending adjudication. SO basically, i can assume that they have not yet approved or denied me....but why would i receive that first payment if i wasn't approved? so confused and this waiting game sucks.

Chyvan · 11-13-2013, 06:21 PM

Did you say you were "discharged," or did you pick "laid off" when you applied for benefits?

kate4798 · 11-13-2013, 07:06 PM

I said I was discharged.

Chyvan · 11-13-2013, 07:57 PM

Maybe this is tied to CA's computer mess. Maybe they are releasing payments regardless of whether the investigation is completed. Normally, when you get money, the follow up letter tells you why, not that they are going to stop them to do more work on the case.

Ariadne22 · 11-13-2013, 08:06 PM

Quote:

Originally Posted by Chyvan

Maybe this is tied to CA's computer mess.

I thought that, too, until I read this:

Quote:

Originally Posted by kate4798

FYI, i live in IL and my job also told me that they would contest unemployment, but it would ultimately be the states decision.

I have read of some states making at least one payment, and then none thereafter.

kate4798 · 11-14-2013, 09:56 AM

I have read of some states making at least one payment, and then none thereafter.

- well that sucks. i was hoping i was approved once i saw that i received that first check. I know I'll be denied though because I believe I read that if an employer contests it, the default is to deny the employee. I guess I'll have to prepare for an appeal then. Thank you both for your help.