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  1. #1

    Default Appealing a Decision of Unemployment Ineligibility

    Thank you cbg for your reply to my post here Was Asked to Resign or Be Fired Because of Illness Related Absences

    In the above post i explained the reasons for my termination in detail...

    I was terminated from my job because I refused to resign Was Asked to Resign or Be Fired Because of Illness Related Absences

    I filed for UI On May 18th, 2009.

    I received my claim examiner's letter in the mail yesterday evening, June 18th, 2009. I was a little shocked at what the letter contained. I was at the unemployment office on Thursday, June 11th, 2008 and was told that my previous employer had not contacted the examiner back on the 9th(state of GA gives employers 10 business days to contact the DOL) and the examiner gave the employer two more business days to reach out to them. I was told that since it was the 11th after 4:30 pm the time to respond had expired and therefor the next step was for a claim examiner to review my case. I was told that no decision had been made in my case and it would take up to 7 days until a claim examiner would give a decision.

    I am shocked at the contents of the mail correspondence because it goes against everything i was told and the two letters sent out on the same day are very confusing. One letter says a decision has been made and i am denied/disqualified because i was fired for poor overall attendance and i have the right to appeal up till 7/1/09. The other letter states that more information is needed to make a decision and for me to contact the examiner by 6-15-2009 with the information or the department will make a decision on my claim without the additional info. Both letters have a stamp stating they were mailed on 6/9/09. I really dont know what to think at this point I am thoroughly confused as to the status of my claim on 6-9-09.

    I called the examiner today(i didnt know who my examiner was until i read the letter last night because the DOL wouldnt give me the info claimed they didnt have it) left a voicemail message and emailed her for clarification and instructions to move forward.

    I guess my question is what should i do now that i only have about a week to appeal. Also, when i appeal does my ex-employer get additional time to respond to my claims? According to DOL my employer never contacted them back so i dont know how they were under the assumption that i was fired for "poor overall attendance". Am i legally able to to get any documents from my previous employer regarding my attendance? Should i contact my previous employer and ask for a separation letter detailing my absences etc.?

    Thank You In Advance

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,038

    Default Re: Appealing a Decision of Unemployment Ineligibility

    The two letters are dated the same day, and signed/sent by the same person?

    I expect you'll find that the "investigation pending" letter was sent first, or sent by somebody unaware of the denial decision, and that you're now dealing with a denial.

    Your employer gets to respond to your appeal.

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