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  1. #1
    Join Date
    Jan 2013

    Post Denied Previous Benefits for 1 Day Work

    My question involves unemployment benefits for the state of: Georgia

    I was laid off from a job making $45k a year in November. I filed for unemployment and received it. The first week in December I was called by UPS for a temporary driver helper position. Upon speaking with the guy all I was told is that I would be helping the driver, it was a group interview. He told me HR would call and I would go to orientation. I failed to ask what the pay or hours would be. So when called to orientation I asked there, and was told that I needed to call the guy who I originally talked to, which I did and left a message which he never returned. The next day I was called in and aked to go out with the driver, I explained the situation and they said they would find out for me and let me know. Stupid decision in my part. They called later that day and informed me I would only work a max of 35 hrs a week @ $8.50 a hour. Unfortunately I am a single father and have to pay for childcare and that would not cover it and usual bills. So I respectively resigned the same day, I was then contacted by DOL and told I had to file a new claim on UPS because I worked one day! I have now been denied benefits completely for a job that was temporary! Is this really how it works?

  2. #2
    Join Date
    Mar 2012

    Default Re: Denied Previous Benefits for 1 Day Work

    Unfortunately, yes. You could chosen to never apply there, you could have refused the job because it paid less than you were making before, or because that type of work was a lower skill than you performed before.

    However, it appears in the eyes of a UI deputy that you knew what you were getting into and accepted the job anyway, and that is why you were denied.

    Go ahead and file the appeal, and while I don't know what resources GA has on this type of situation, I'll share with you some things so you have a rough idea what you're looking for.

    Some states have provisions that if you quit a job in a certain short period of time that rather being adjudicated as a quit, they use the refusal of work rules, and if you could have refused the offer in the first place, then it is ok to quit.

    In my state, if you make an effort to find out this information before accepting and it isn't forth coming and you then quit when you do find out it was probably unsuitable, you might be able to convince an ALJ that you would never have accepted the job in the first place if you'd had all the information and again get it adjudicated as a refusal of work rather than a quit.

    Another theory that might work is if they said you'd be making $12.50/hr, but then decided to give you the $8.50/hr job that noboby else wanted, and in effect, misrepresenting the job.

    It's because of stories like yours that I never applied for any job that paid less than I was getting before. If there was no salary listed in the ad, I didn't apply. I didn't apply for any part-time or temporary work. I proceeded to collect 89 weeks without incident. Even working 1 minute, then quitting with a valid ui claim can mean you end up with no paycheck nor ui check.

    A refusal of work is much easier to win than a quit simply because it's about refusing "suitable" work, and that has lots of loopholes that a claimant that wants to stay unemployed can take advantage of. However the best strategy is to just not apply for any job that you have the slightest doubt about so that you can avoid the adjudication altogether.

  3. #3
    Join Date
    Sep 2011

    Default Re: Denied Previous Benefits for 1 Day Work

    What part are you claiming to not have understood? UPS delivers during daylight hours. The job was for about 3 weeks. Seems you had the childcare info and did not want the job.

  4. #4
    Join Date
    Jan 2013

    Default Re: Denied Previous Benefits for 1 Day Work

    Thanks so much for the reply, lesson learned!

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