Confused about my Notice of Determination?? (collect, receive, claim, payment)
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I've been collecting New York State unemployment for only 3 weeks now, and today got a letter for my notice of determination saying:
No unemployment insurance benefits will be paid to you for the period beginning 10-02-2013 until you have subsequently worked for an employer and earned at least 10 times your weekly benefit rate. Employment and earnings from non covered, excluded or self employment will not count. Your weekly benefit rate is $135
You were discharged for misconduct in connection with your employment with the above employer, as a result of this determination the wages earned with this employer prior to 10-02-2013 cannot be used to establish any subsequent claim for unemployment insurance you may file.
You were discharged because you were absent on 10-1-13. You had been warned previously about your attendance and your absence violated your employers policy. You are disqualified from receiving benefits under section 593.3 of the unemployment insurance law.
Now it said my unemployment base pay period would be taken from July 2012-June 2013...Not october 2013...so will I still be able to collect unemployment from this period, or does this letter mean I am completely done and not able to collect any unemployment right now? If so, should I appeal? The reason why I missed a bunch of days was because I had became very ill and got an ear infection, I collected a doctors note for my visit, and then the medicine they gave me for the ear infection caused a throat infection so I was out for many days. I have doctors notes and witnesses to my circumstances but not sure how well it would hold up. Did I lose my unemployment all together or no? PLEASE HELP I am not understanding this letter completely.
This letter means you are cut off until you work again, or win an appeal.
You should appeal.
You will need you doctor's note(s), you should attempt to prove with a means other than your say so where possible that:
Your employer knew you were out sick, that you had no inteniton of quitting, and that your employer didn't let you come back to work when you were better.
Also, you'll be receiving an overpayment notice for the 3 weeks that you've already been paid, and you'll want to appeal that as well.
No unemployment insurance benefits will be paid to you for the period beginning 10-02-2013 until you have subsequently worked for an employer and earned at least 10 times your weekly benefit rate. Employment and earnings from non covered, excluded or self employment will not count. Your weekly benefit rate is $135
You were discharged for misconduct in connection with your employment with the above employer, as a result of this determination the wages earned with this employer prior to 10-02-2013 cannot be used to establish any subsequent claim for unemployment insurance you may file.
You were discharged because you were absent on 10-1-13. You had been warned previously about your attendance and your absence violated your employers policy. You are disqualified from receiving benefits under section 593.3 of the unemployment insurance law.
Now it said my unemployment base pay period would be taken from July 2012-June 2013...Not october 2013...so will I still be able to collect unemployment from this period, or does this letter mean I am completely done and not able to collect any unemployment right now?
If so, should I appeal? The reason why I missed a bunch of days was because I had became very ill and got an ear infection, I collected a doctors note for my visit, and then the medicine they gave me for the ear infection caused a throat infection so I was out for many days. I have doctors notes and witnesses to my circumstances but not sure how well it would hold up.
Did I lose my unemployment all together or no? PLEASE HELP I am not understanding this letter completely.
Yes, at the moment you have lost the right to any benefits from employment with this employer.
Your determination states any earnings from this employer PRIOR TO October 2013 - obviously that includes your base-year earnings from this employer as those earnings occurred PRIOR TO October 2013.
You need to appeal this decision. NY just issued a standard knee-jerk denial. If you don't appeal, employer and NY win. You need to provide evidence you had "compelling reason" for these absences - i.e., were due to illness and not intentional misconduct.
Thank you for your help. Now for a lot of the times that I was out, I had called into their service informing them that I was sick and it should be on recorded messages and lines...not that that matters because I am sure they will not bring those to court. My job had a point system: 11 points in a year, you start out at 0 and each day you miss is 1 point, leaving early or being late results in half a point. I had never worked as a debt collector before prior to this job and also never had migraines before until this job. So a lot of points were for migraines (no doctor notes for that though...was too poor to see a doctor at that time) I was at roughly 10.5 points when I got very ill. I missed another day of work on October 1st, 2013 and my condition only got worse. I believe I finally went to the doctors on the 14th or 15th of October (because of my dads severe injuries he got this year, and me being on my parents insurance plan still, doctors visits were free for anyone in out family until January 2014) and the doctor told me that I was by far the worst patient he had seen that day. He told me I had an ear infection. I also had lost my voice almost completely so being expected to talk on the phones would have been quite impossible. I called my company and they said I was being terminated due to points and I said ok and pretty much hung up. The Doctor gave me medicine for my ear infection so it wouldn't escalate into something more severe (possibly permanent hearing loss) and I got a doctor's note from him about this. I went back about 2 weeks later, my ear infection was gone, however I still wasn't feeling well..turns out I had gotten a throat infection (probably from the ear infection medicine) and once again was put on more medicine. I THINK I got a doctors note for this visit too, about 95% sure I did (will have to look) It wasn't until mid November that I was completely healed and ready to go again. I waited yet another month and tried to find a job on my own, but had no results, so I filed for unemployment on December 22nd.
Do you think I have any chance of winning appeal, or should I just accept this and keep on trying to find a job so I can pay rent and not be homeless? Thank you again for your help.
Sorry, when you type a 25-line paragraph without a break, I'm not reading it. Please use paragraphs, bullet points, and organize your information in an easy-to-read, chronological manner.
Assemble your medical information, document your call-ins, present your evidence - when you get your hearing. You have a lot of time to repare for that.
You should appeal. It costs you nothing, but focus on only that final incident and put everything together to justify why missing THAT day was not in anyway your fault.
If at any time prior to your hearing, you get a job or just don't want to persue this any further, you can just stop. However, the reverse isnt' true. If you don't appeal now, you don't get to change your mind two months later to try to get benefits because things aren't working out for you.
Sorry, when you type a 25-line paragraph without a break, I'm not reading it. Please use paragraphs, bullet points, and organize your information in an easy-to-read, chronological manner.
Assemble your medical information, document your call-ins, present your evidence - when you get your hearing. You have a lot of time to repare for that.
Not a 25 line paragraph. Everything I have written is most likely grammatically correct and to split up my paragraph at best would make it two paragraphs, as my paragraph was 16 lines. I apologize if you cannot read large paragraphs, and I also thank you for your help in this matter. Your advice is appreciated and I am considering an appeal.
You should appeal. It costs you nothing, but focus on only that final incident and put everything together to justify why missing THAT day was not in anyway your fault.
If at any time prior to your hearing, you get a job or just don't want to persue this any further, you can just stop. However, the reverse isnt' true. If you don't appeal now, you don't get to change your mind two months later to try to get benefits because things aren't working out for you.
Ok thanks man. I am just nervous because I waited SO LONG to go to the doctors as I wasn't going to be able to afford it and also wanted to just shrug it off and find another job. 15 days after getting fired to visit the doctor, I feel, is going to look suspicious to them in court.
The employer might not show up. It happens. Just remember when you submit your appeal in writing it is only a REQUEST. Save all the good stuff for the hearing so the employer gets as little notice as possible as to what you are doing.
I was let go from a temp agency because they wanted someone who was able to blood and perform administrative duties. I was hired only as a receptionist. I was basically let go because of not meeting eemployment requirements. Unemployment is now waiting for a response from my employer and I have already received my benefit weekly rate but no benefits yet. Does anyone know what would happen ?
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