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Old 01-30-2017, 11:08 AM
 
6 posts, read 3,711 times
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Hi,
I used to live in Mass. I was an adjunct professor and was entitled to receive unemployment over the summer. Last year in June I filed for unemployment after I moved to North Carolina. I never lied to them I told them I was moving to look for work because my classes were getting less and less. I received checks up Sept. 2016 approx $9000. I received noticed today that I was disqualified and that they overpaid me $9000. They haven't asked for it back yet. Does anyone know if they will?

Thanks
Bob
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Old 01-30-2017, 11:32 AM
 
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WHY were you disqualified. Type in the WHOLE letter. Could by that you should be appealing so that you don't have to pay back the money, or maybe collect even more benefits.

Yes, they will ask for it back if you do nothing.

If it's nonfraud, there are things you can do to thwart DUA's ability to collect or get a waiver.

Don't just do nothing. If you don't want our help, get it from someone else.
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Old 01-30-2017, 03:08 PM
 
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[IMG]file:///C:\Users\Bob\AppData\Local\Temp\msohtmlclip1\01\cl ip_image002.jpg[/IMG]THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT DEPARTMENT OF UNEMPLOYMENT ASSISTANCE

[IMG]file:///C:\Users\Bob\AppData\Local\Temp\msohtmlclip1\01\cl ip_image003.gif[/IMG][IMG]file:///C:\Users\Bob\AppData\Local\Temp\msohtmlclip1\01\cl ip_image004.gif[/IMG][IMG]file:///C:\Users\Bob\AppData\Local\Temp\msohtmlclip1\01\cl ip_image005.gif[/IMG][IMG]file:///C:\Users\Bob\AppData\Local\Temp\msohtmlclip1\01\cl ip_image006.gif[/IMG][IMG]file:///C:\Users\Bob\AppData\Local\Temp\msohtmlclip1\01\cl ip_image007.gif[/IMG]


106417820
VETRANO, ROBERT
9 Cattle Run Ln
Carolina Shores, NC 28467-2382


CLAIMANT ID: 1844167
CLAIM ID: 201601
January 30, 2017










COLLEGE-

Employer Name SPRINGFIELD TECHNICAL COMMUNITY
Issue Identification Number 0019 7100 42-01


Notice of Disqualification


Reasoning and Findings


Your leaving work under these circumstances is determined to be voluntary and without good cause attributable to the employing unit.
You chose to leave work to move to North Carolina where the cost of living is much lower.


Applicable Section of Law


Massachusetts General Law Chapter 151A, §25(e)(1)


Effect of this Determination


You are not entitled to receive benefits beginning 5/29/2016 and until you have had 8 weeks of work and have earned an amount equivalent to or in excess of 8 times your weekly benefit amount.

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Old 01-30-2017, 03:38 PM
 
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From what I can see, you're still in the appeal window. File an appeal REQUEST. "The determination dated 1/30/17 is wrong. I want an appeal hearing scheduled."

I think you told your story wrong or the deputy got it wrong.

From what you say, I believe that you were laid off during the summer. While laid off, you moved. That is your right.

I think the deputy has decide that at the end of the school year you "quit to move," which is disqualifying.

At an appeal hearing, you need to show that you were laid off on 5/29/16. That will allow you at a minimum to collect benefits until school restarted in the fall. If you can go further and show that the employment relationship was severed, then you were allowed to collect benefits until you found another job or ran out of benefits.

Why did you only collect until Sept? Did you start working in NC? Or does this tie in with school restarting?

Last edited by Chyvan; 01-30-2017 at 03:51 PM..
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Old 01-31-2017, 01:22 PM
 
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Sept was the start of the next semester.
When the semester ended I filed for unemployment then went and told them I was moving to NC to look for work and that the cost of living was cheaper. They told me to file when I got to NC, which I did. NC said I had to collect through Ma. I notified Ma. that I moved and was actively looking in NC. I went to unemployment in NC and they suggested I go back to school and finish my degree. I went to the VA for help and they had me apply for jobs. I will be 75 years old next month and people my age are not at a premium. I interviewed with 2 colleges with no success. I do not have a college degree.

Why did I leave? I was an Autodesk (cadd) consultant and began teaching Autocad at a Community College in 2001. One class became 2, then 3 and I taught as many as 8 classes a semester. About 3 years ago the union asked me to be on a committee to discuss course changes with the administration. During the meeting the president of the school said, and I quote"The problem is we have to many adjunct." I immediately raised my and explained we didn't demand these classes we were asked to fill a need. There were times I walked in on the first day of a semester was was asked if I could take class because the teach fell ill and would not be back.
In 2003 I introduced and developed course in Autodesk Revit and in 2010 I introduced and developed courses in Autocad Civil 3D. I developed 3 online classes.
About 2 years ago they started to higher new faculty. I was told I was not qualified because I did not have a college degree. I was also told that as new staff were hired they would be taking over my classes. Over the next 2 years they hired 3 new teacher and each one took my classes. I was down to 3 classes 2 day and one evening. Two student who were graduating told me the the dept chair asked them if they would be interested in teaching Revit. I saw the hand writing on the wall.
My wife lost her job. She had been looking for about 8 months with no luck so we decided to move.
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Old 01-31-2017, 04:50 PM
 
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You're telling your story wrong. STOP IT.

You were laid off. The employer-employee relationship was severed because you wouldn't be reemployed to the same extent as you were the prior academic year. <- this is the end up the story as to why you were separated from work.

The fact that you move to NC to look or work is irrelevant. You should have kept collecting past September because you're not required to accept work in MA anymore because commuting from NC renders the job unsuitable.

Get it out of your head that you "quit for a lower cost of living." You were laid off and you had no intention of returning because the employer substantially changed the terms and conditions of employment in the next academic year.

https://wdr.doleta.gov/directives/attach/UIPL41-98.cfm

Read that to help you with choosing your words correctly. Imagine the employer offered you 1 hour of work per work, do you still think that's a job and that you quit? Each time the employer CHANGES the job in an adverse way that is you being fired from the job that you HAD, and being offered a new, crappier job. Each time that happens you are entitled to a test of suitability. You never got that chance because you kept saying you quit (you didn't) for a cheaper place to live (because your employer was cutting your hours and pay). I hope you're getting what really happened to you so that you collect the rest of your UI and make this overpayment stuff go away.

Last edited by Chyvan; 01-31-2017 at 05:00 PM..
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Old 02-02-2017, 01:29 PM
 
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I value your input and this is what I was thinking putting in my appeal. Let me know what you think.

I also have a letter from Dean Smith where she explains that "For example, Mr Vetrano would be "bumped" from teaching a section in favor of any full-time faculty member who expresses a preference for that section."

Should I attach that letter?


Why did I leave?
As usual I was laid off at the end of the semester.
To explain further.
I was an Autodesk (cadd) consultant and began teaching Autocad at a Community College in 2001. One class became 2, then 3 and I taught as many as 8 classes a semester. About 3 years ago the union asked me to be on a committee to discuss course changes with the administration. During the meeting the president of the school said, and I quote"The problem is we have to many adjuncts."
In 2003 I introduced and developed course in Autodesk Revit and in 2010 I introduced and developed courses in Autocad Civil 3D. I developed 3 online classes.
About 2 years ago they started to higher new faculty. I was told I was not qualified because I did not have a college degree. I was also told that as new staff were hired they would be taking over my classes. Over the next 2 years they hired 3 new teacher and each one took my classes. I was down to 3 classes 2 day and one evening. Two student who were graduating told me the the dept chair asked them if they would be interested in teaching Revit. Those were my classes.
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Old 02-02-2017, 03:33 PM
 
14,508 posts, read 29,088,827 times
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Forget this for now. At this stage it is an appeal REQUEST. You don't submit any documents or write anything other than, "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled." Everything you want to do now, you save for the actual hearing. When you get your hearing notice and packet/access to the appeal file, then come back, and we'll work on the next phase.

Also, if you're still out of work, REopen your claim, and finish claiming your benefits. You were eligible to claim even after Sept because as I explained, you were out of work and had no duty to return for the next academic year because it was unsuitable employment. While they won't pay you on those weeks, when you win the appeal, the overpayment will go away, and DUA will owe you. That'll teach them.

You might have to submit a second appeal request in the event you get an overpayment notice with appeal rights.
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Old 02-03-2017, 04:49 AM
 
6 posts, read 3,711 times
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Thanks will do.
Talk later.
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Old 02-20-2017, 08:03 AM
 
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Default overpiaid

Got a hearing date of Feb 27th.
Have put together document to to show how school has been cutting my classes for last to years and is hiring fulltime staff to replace me.
Have the notice of hearing but can't find where to upload documents for hearing.
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