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I have found myself unemployed in state of Massachusetts due to being let go from my most recent Employer for Not being a good fit/Performance.
Unemployment Agency received this most recent employers Questionaire and has determined I am eligible as not working being no fault of my own.
The Monetary portion of claim also determined to be Eligible as I earned enough in the Base Period.
However, I have a Former Employer still in Base Period who has NOT responded to the Questionaire from Unemployment, their deadline to do so was Monday June 8, 2020.
That Job was a unsafe working conditions situation where I resigned .
I have a Boatload of emails to Human resources confirming myself informing this Employer why I resigned, emails actually dating back to 2018 informing Employer my distress, the stressful incidents kept happening.
I explained this in email in regards to why I resigned as well.
I know the Questionaire is pretty straightforward and can be completed by Employer within 5 to 10 minutes just as my most recent employer did.
My question here is :
How long can this Former just not respond ?
And would a default Judgement occur?
Thank you in advance.
Playing the waiting game is not fun, it's reliving the distress I felt working there all over again.
I have found myself unemployed in state of Massachusetts due to being let go from my most recent Employer for Not being a good fit/Performance.
Unemployment Agency received this most recent employers Questionaire and has determined I am eligible as not working being no fault of my own.
The Monetary portion of claim also determined to be Eligible as I earned enough in the Base Period.
However, I have a Former Employer still in Base Period who has NOT responded to the Questionaire from Unemployment, their deadline to do so was Monday June 8, 2020.
That Job was a unsafe working conditions situation where I resigned .
I have a Boatload of emails to Human resources confirming myself informing this Employer why I resigned, emails actually dating back to 2018 informing Employer my distress, the stressful incidents kept happening.
I explained this in email in regards to why I resigned as well.
I know the Questionaire is pretty straightforward and can be completed by Employer within 5 to 10 minutes just as my most recent employer did.
My question here is :
How long can this Former just not respond ?
And would a default Judgement occur?
Thank you in advance.
Playing the waiting game is not fun, it's reliving the distress I felt working there all over again.
Did UI TELL you that they are waiting for a response from the former employer? If not... then I wouldnt worry about it. If they did.. then the employer has a certain amount of time only to respond and then once they dont... the UI will decide.
You can look on the UI page FAQs for your state and find out how long your former employer has to respond
Yes, UI did let me know that it is this Former Employer is what is holding the Claim up.
One Rep will inform me that it will be a Default Judgement as the Former Employer did not respond and another Rep said it will be most likely denied as it was a "Quit " whether the Employer responds or not.
As mentioned, I have all emails from Human Resources back and forth confirming that this Employer was well aware of the working conditions I complained of, etc.
Yes, UI did let me know that it is this Former Employer is what is holding the Claim up.
One Rep will inform me that it will be a Default Judgement as the Former Employer did not respond and another Rep said it will be most likely denied as it was a "Quit " whether the Employer responds or not.
As mentioned, I have all emails from Human Resources back and forth confirming that this Employer was well aware of the working conditions I complained of, etc.
So this is what I found on google when I searched for MA
"Collecting Unemployment After Quitting
You won't be eligible for unemployment benefits if you quit your job voluntarily, without good cause. In general, good cause means that you had a compelling reason that left you no other choice than to quit. For example, if you left your job because of dangerous working conditions or discrimination that your employer refused to stop, you may be able to collect benefits. If you quit your job because of domestic violence, or for other personal reasons that are urgent and compelling and made it necessary to quit, you will remain eligible for benefits. "
1. When did these unsafe conditions reach the point you first informed the company?
2. From that time to now, did they fix the condition and a new one popped up or was it just a continuation of the same condition that was never fixed or kept reappearing?
3. When you decided to quit, was it for one of the reasons you previously brought to the company's attention or was it something new?
4. When you decide to quit, was it for a specific unsafe act or was it more of a 'not gonna take it anymore' situation?
As for the Questions-
1. I informed company back in 2018 and times after that all the way into 2020 about the incidents (have all emails)
2. Human Resources spoke to me and stated they spoke to the individual who was the issue but incidents continued to happen, they still kept him sitting near me,etc.
3. Yes, when I resigned- I emailed to Human Resources that this (working condition due to Individual) was the reason for resignation.
I just want to mention also that UI also informed that one Rep informed me that they are not considering now what this Employer states because they have missed their deadline to respond.
But then again, every Rep I talk to have different answers.
Your former employer may not respond initially as part of an intelligent tactic. Many employers will not respond to unemployment's initial request so they can appeal from a neutral staring point. When they appeal, they get to see what you told unemployment (the same goes for you if they spoke to unemployment), and that gives them the advantage of seeing your cards upfront while you have no idea what they are holding. It's not uncommon for claimants to discover that at an appeal, the employer suddenly has stacks of evidence and documents that step by step, dismantles your version as you initially told unemployment.
Now as for your stated reasons, be very careful what you present. On one hand you're saying things were so unsafe that at a specific time and place, it compelled you to quit. If the events were the same as in the past, you can't use it now because clearly they were not so serious to compel you to quit when it happened before. So explain why you didn't quit before if it was so bad? This is how things can quickly turn on you at an appeals hearing so you have to think it through from the start.
So, today I just learned claim portion denied as "Indefinately Ineligible" and although Employer did not send in Questionaire, it appears that they have spoken to Unemployment .
They have stated it was a simple personality conflict and I quit volunatarily, which if you look at emails I have , that is not the case.
A couple different incidents caused the poor working conditions.
Dating back to 2018- I even emailed VP, in which she replied to apologize to one another .
But then incidents kept occurring making all uncomfortable.
The most recent being the icing on cake that made me resign and I informed HR of this.
Attorney states appeal and he will develop a case for me to go forward.
First step is Appeal.
Attorney is concerned that nothing is in writing from Employer-I guess it's time to fight it .
So, today I just learned claim portion denied as "Indefinately Ineligible" and although Employer did not send in Questionaire, it appears that they have spoken to Unemployment .
They have stated it was a simple personality conflict and I quit volunatarily, which if you look at emails I have , that is not the case.
A couple different incidents caused the poor working conditions.
Dating back to 2018- I even emailed VP, in which she replied to apologize to one another .
But then incidents kept occurring making all uncomfortable.
The most recent being the icing on cake that made me resign and I informed HR of this.
Attorney states appeal and he will develop a case for me to go forward.
First step is Appeal.
Attorney is concerned that nothing is in writing from Employer-I guess it's time to fight it .
Good luck. Its almost always a pain in the butt and an uphill battle when a quit is involved. UI looks at it as an automatic denial pretty much. I will say it's a 50/50 whether or not you will be rewarded benefits upon appeal.
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