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		<title>Legal Help - Unemployment Insurance</title>
		<link>http://www.expertlaw.com/forums/</link>
		<description>Issues surrounding eligibility, application for, and denial of unemployment benefits.</description>
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			<title>Legal Help - Unemployment Insurance</title>
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			<title><![CDATA[Denial & Appeals: Benefits Denied for Misconduct After Mistake in Unemployment Claim]]></title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158834&amp;goto=newpost</link>
			<pubDate>Wed, 22 May 2013 21:21:55 GMT</pubDate>
			<description>My question involves unemployment benefits for the state of: Florida. 
I was terminated for lack of payroll activity? I filed an extension of...</description>
			<content:encoded><![CDATA[<div>My question involves unemployment benefits for the state of: Florida.<br />
I was terminated for lack of payroll activity? I filed an extension of unemployment claim where I was to report some earnings from part time work. Anyway I was terminated and when asked I spoke that my car was on fire(mechanical issue) and I lost my means to work. The State claims I said I was finished not temporary able to work or seek work. So now I cannot collect. They are wrong, no one terminated me for misconduct, no one. I even have letter from employer indicating my dismissal was due to payroll in activity. Fact I was not a full time employee either. I find this strange and wrong. How do I appeal this?</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=152">Unemployment Insurance</category>
			<dc:creator>enz101</dc:creator>
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			<title><![CDATA[Denial & Appeals: Falsely Accused, Terminated, and Unemployment Benefits Denied]]></title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158777&amp;goto=newpost</link>
			<pubDate>Wed, 22 May 2013 00:09:48 GMT</pubDate>
			<description><![CDATA[My question involves unemployment benefits for the state of: California 
 
After working as a loyal & dedicated full-time employee for over 4 years...]]></description>
			<content:encoded><![CDATA[<div>My question involves unemployment benefits for the state of: California<br />
<br />
After working as a loyal &amp; dedicated full-time employee for over 4 years (the last 3 of which I was the owner/presidents right-hand gal, office manager aka executive office administrator, among other titles/duties), I was falsely accused of increasing my rate of pay (50 cents) and my PTO Hours (Paid Time Off. A combination of vacation &amp; sick hrs.) in the companies payroll system and therefore I was terminated. I can only assume the changes were found by the accounting person while she was processing payroll (I taught this person how to process payroll and to check for discrepancies. I was the main payroll person, until I was promoted to another position, then I became her backup. Because this person was my backup, she had access to all my logins &amp; passwords. I also had a binder that had all the employees computer &amp; email login/passwords at my desk because I also did IT/Systems Support. ANYONE could have made the changes). I absolutely, 100% did not do what I have been accused of. There was no proof that I personally made the changes, nor further investigation. Said changes were made on a Monday night at 8:49PM. When I stated I was not there at that time, &quot;they&quot; said the changes could have been from anywhere. I offered my IP address and again, &quot;they&quot; said that with everything in the cloud nowadays it could have happened anywhere, and continued with something to the effect of since there was no criminal behavior or benefits from the changes there was nothing further to investigate. I was never told I was fired or that my services were no longer needed...&quot;they&quot; said &quot;you leave us no choice&quot; and then asked for my office keys &amp; company credit cards. Needless to say, I was devastated and felt betrayed. How could she believe I could do something like that! Nothing like this has ever happened to me before. She/the owner said many, many times during my employment with her how she &quot;only trusted me&quot;, and really appreciated my hard work and how she appreciated all my help with getting her out of bad situation, etc...  <br />
<br />
I filed for UI, received a letter stating I would have a phone interview. The phone call didn't go well.  I never got to tell my side of the story. There were too many gaps and I was called a liar when asked about a certain question I answered on the online application. I told her I was not lying, that I must not have understood the question. I realized later, after the call was over, I did answer the question correctly. A few days later, I received the Notice of Determination/Ruling stating Not Eligible. Here's why... <br />
<br />
1)  Under CA UI Code Section 1256 beginning 04/14/13 and continuing until you return to work after the disqualifying act and earn $1,700 or more in bona fide employment, and you contact the office to reopen your claim.  (I don't know what that means. I can only guess that they are only looking at the last pay period, which was only 3 days. Why would they do that? The UI application asked for my I worked fulltime for 4 years, why would I need to earn another $1700?)<br />
<br />
2) &quot;You&quot; were discharged because of errors on your time sheet(s). &quot;You&quot; were aware your time sheet(s) was incorrect. (This absolutely not true. No time sheets were involved and I did was not aware of the errors)<br />
<br />
I have until May 28 to process my appeal. I want to make sure I file my appeal properly. I want to win my appeal. I deserve the benefits. The way I was terminated, the reason why I was terminated, and the phone interview with EDD all did not go well. I want to make this right. I'm not sure what I'm asking for help with. Maybe some advice? Thank you for your time.</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=152">Unemployment Insurance</category>
			<dc:creator>carobnty</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=158777</guid>
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			<title>Unemployment Benefits: Rental Income and UI Eligibility</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158773&amp;goto=newpost</link>
			<pubDate>Tue, 21 May 2013 23:06:29 GMT</pubDate>
			<description>My question involves unemployment benefits for the state of: CA 
 
Hello, 
 
I am thinking of renting out a few rooms of my place sporadically...</description>
			<content:encoded><![CDATA[<div>My question involves unemployment benefits for the state of: CA<br />
<br />
Hello,<br />
<br />
I am thinking of renting out a few rooms of my place sporadically through Airbnb.com.  They do appropriately request a 1099misc be filed for tax purposes.  Do I need to report this income to the EDD? I believe that they receive all 1099/W-2 activity.  Will this income affect my overall eligibility or just for the week that I receive it?<br />
<br />
Thank you for your expertise!</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=152">Unemployment Insurance</category>
			<dc:creator>jurassicjaf</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=158773</guid>
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			<title>Unemployment Benefits: Monetarily Ineligible for Unemployment</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158752&amp;goto=newpost</link>
			<pubDate>Tue, 21 May 2013 17:39:59 GMT</pubDate>
			<description>My question involves unemployment benefits for the state of: NC. I have been at my recent job since August of 2012, before that I worked my FIRST job...</description>
			<content:encoded><![CDATA[<div>My question involves unemployment benefits for the state of: NC. I have been at my recent job since August of 2012, before that I worked my FIRST job for only about 2 months. Well my question is I have been laid off from my most recent job and I applied for unemployment benefits online and I receive my claim back and it said that I was MONETARILY INELIGIBLE for benefits and I do not know what that means. I am 21 years old and all this is kind of new to me and I was wondering maybe I filled my claim out wrong or why am I not receiving any unemployment benefits?</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=152">Unemployment Insurance</category>
			<dc:creator>MOMMY911</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=158752</guid>
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			<title>Unemployment Benefits: Will a Termination for Poor Performance Be Considered Misconduct</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158410&amp;goto=newpost</link>
			<pubDate>Tue, 14 May 2013 10:10:18 GMT</pubDate>
			<description>My question involves unemployment benefits for the state of: Minnesota 
 
I was fired this afternoon and the reason my manager gave me was poor...</description>
			<content:encoded><![CDATA[<div>My question involves unemployment benefits for the state of: Minnesota<br />
<br />
I was fired this afternoon and the reason my manager gave me was poor performance. I received a bad annual review in October &amp; the problems they listed were things like accuracy, attention to detail, meeting deadlines. They said they would revisit in December and when we did, they put me on a performance improvement plan. It was literally a paragraph long &amp; the desired outcomes was a sentence. When I asked for examples (I had thought I was improving) I was told they didn't have any because &quot;it doesn't happen everyday&quot;. I sent weekly emails to my manager checking in to ask if any issues that week concerning my pip that I should be aware of and met on a monthly basis to confirm. The end date for the pip was March 10th, and I was told on that date that I had improved and would be off the pip. However, my manager still came to me occasionally with errors and I was let go today. The separation letter doesn't give a reason, just that my employment ended effective today and some language about my retirement &amp; COBRA. I did try to improve, I created spreadsheets to help me track &amp; used Outlook for reminders, but I was still missing things. When I asked for guidelines for accuracy, like a percentage expectation, I was told &quot;I expect everything you put in the system to be correct.&quot; They refused to set measurables for me to meet, just a lot of &quot;you messed up with X, do better, slow down&quot;. I had a great review my first year there, but I guess my performance faltered. I'm worried I will not get UI because they will consider it misconduct since they supposedly tried to counsel me (not very well).</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=152">Unemployment Insurance</category>
			<dc:creator>CC1999</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=158410</guid>
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			<title>Unemployment Benefits: False Claim for Unemployment Insurance Benefits</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158286&amp;goto=newpost</link>
			<pubDate>Sat, 11 May 2013 04:34:13 GMT</pubDate>
			<description>My question involves insurance law for the state of: Dear All, 
 
 I have a case like this and i am wondering if it belongs to insurance fraud or...</description>
			<content:encoded><![CDATA[<div>My question involves insurance law for the state of: Dear All,<br />
<br />
 I have a case like this and i am wondering if it belongs to insurance fraud or not.<br />
<br />
One lost his job and he was told that he can get the insurance money from the government when he was out for job interviews. But he has to provide the job interview contacts for that month.He only had one job interview in that month .So he faked another 4 sent to the government along with the one real interview contacts. Is this behaviour insurance fraud?<br />
Thank all in advance for the answers</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=152">Unemployment Insurance</category>
			<dc:creator>lisa.x</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=158286</guid>
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			<title>Disqualification: If I Quit Due to Anxiety Can I Get Unemployment</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158239&amp;goto=newpost</link>
			<pubDate>Thu, 09 May 2013 23:44:20 GMT</pubDate>
			<description><![CDATA[My question involves unemployment benefits for the state of: KY 
 
I'm being relocated to a satellite office in another state. I don't want to make...]]></description>
			<content:encoded><![CDATA[<div>My question involves unemployment benefits for the state of: KY<br />
<br />
I'm being relocated to a satellite office in another state. I don't want to make the move, but my boss has asked me to do so and I agreed. I've been diagnosed with anxiety issues in the past, and they seem to flare up when I'm away from friends/family (which would be the case here). If I am unable to handle the anxiety of my new role/location I plan to request to transfer back. If the company says no, would I be eligible for unemployment if I resign?:confused:</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=152">Unemployment Insurance</category>
			<dc:creator>thomas19</dc:creator>
			<guid isPermaLink="true">http://www.expertlaw.com/forums/showthread.php?t=158239</guid>
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			<title><![CDATA[Unemployment Benefits: How to Know if You'll Qualify for Unemployment]]></title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158203&amp;goto=newpost</link>
			<pubDate>Thu, 09 May 2013 01:34:55 GMT</pubDate>
			<description>My question involves unemployment benefits for the state of: CALIFORNIA 
 
I know its a hard process to reach a human for unemployment, its harder to...</description>
			<content:encoded><![CDATA[<div>My question involves unemployment benefits for the state of: CALIFORNIA<br />
<br />
I know its a hard process to reach a human for unemployment, its harder to reach it when you have a pre-unemployment question. I actually reached a human and gave my ssn#, since i wasnt on the record, she just hung up on me without giving me a chance to explain..<br />
<br />
here is my dilemma..in the second half of 2012 I went on disability due to my position at work was causing a lot of pain and literally putting me out of work (but not workers comp, just disability). I got the care I needed and was able to return to work beginning of 2013. Before I returned, I contacted HR and asked to see if any other positions were available for me instead of returning back to my old position. They said nothing was available and I was okay with that, I was just requesting. Then I said ok, Ill just return to my original position but with a few doctor restrictions. To list a few restrictions it was basic things like less hours, limit the amount of lifting boxes and/or bending down, etc. Just things like that so my condition doesn't flare up again. I am perfectly okay to work now, but just as a precaution to myself and to the company, the doctor thinks its best for these restrictions to be applied to my job at least for the time being until I can fully engage the work. So now my HR is not allowing me to return to work and says with these restrictions, we cannot let you back to work. <br />
<br />
My question is, If I am let go because of this I am eligible for unemployment?<br />
Thanks.</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=152">Unemployment Insurance</category>
			<dc:creator>kg20</dc:creator>
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			<title>Unemployment Benefits: Eligibility for Unemployment While Filing for Disability</title>
			<link>http://www.expertlaw.com/forums/showthread.php?t=158185&amp;goto=newpost</link>
			<pubDate>Wed, 08 May 2013 16:08:04 GMT</pubDate>
			<description>My question involves unemployment benefits for the state of: Missouri 
 
This is a eligibility question more than anything.  Times are tough and I am...</description>
			<content:encoded><![CDATA[<div>My question involves unemployment benefits for the state of: Missouri<br />
<br />
This is a eligibility question more than anything.  Times are tough and I am facing decisions that are even worse. Here's my story.  <br />
<br />
After working for a company that fired me *previous posts* I began working for a new company, I was diagnosed with schizophrenia and PTSD and have began to file for disability. With the advice of my lawyer I decided to file for unemployment due to my financial situation become more dire and dire.  It was a rough decision but circumstances aren't just in my favor. Moving on.  The company I worked for has less than 20 employees, and in my state they aren't required to honor FMLA. I did however take leave of absence as I am still employed there but am not currently working.  <br />
<br />
<br />
When filing for unemployment, the option leave of absence is available and I was wondering if that is the option I should select?  I didn't quit and I wasn't fired, however, due to the schizophrenia I can't work that particular job and I'm not on FMLA. I'm simply an employee on leave.  <br />
<br />
Looking for advice and knowledge on the situation, not criticism. I'm trying to wait out to disability due to the cirumstances, however, I will be homeless if something doesn't happen soon. I have applied for state aid as well because it was my last option. Thank you.</div>

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			<category domain="http://www.expertlaw.com/forums/forumdisplay.php?f=152">Unemployment Insurance</category>
			<dc:creator>Voslik</dc:creator>
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