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  1. #11
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,219

    Default Re: Employer is Contesting Unemployment Benefits Approval

    On your own head be it. Let's hope for your sake that the employer comes in with guns blazing and is REALLY annoying because any HINT that the ALJ is mis-applying unemployment law here and you're done for.

    You do understand that what counts here is UI law and NOT nursing law?

  2. #12

    Default Re: Employer is Contesting Unemployment Benefits Approval

    Question: Do these threads exist simply to downplay the hopes of every claimant on here? Most of the replies I see from people are condescending and rude, and not helpful.

    Disagreeable: Why is moving suspicious? I moved a month after I gave notice, and I did not abandon my position. People relocate all the time to find work, and in nursing, which is a very versatile field, there are often better opportunities elsewhere. I also have family and friends in CA.

    cbg: Yes, I understand that UI Law is what is important here -- however, me leaving my position has to do with NURSING LAW as well, since I am a NURSE. Also, we are not at an ALJ as of yet, this is only a claims Examiner who AGAIN, may not know much about nursing law, which I need to show to help validate my claim. So yes, it is important to show.

    I am really unsure as to why people come on here to seemingly berate people who are out of work, rather than offer helpful guidance, some of you come on here simply to pass judgment ? Get a better hobby.

  3. #13
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,219

    Default Re: Employer is Contesting Unemployment Benefits Approval

    My friend, I am trying to help you not shoot yourself in the foot. But since you're unhappy with what I have to offer, I shall refrain from offering any more suggestions and let you deal with the situation as you see fit. I've no clue why you came here since you already know everything anyway.

    Good luck. You'll need it.

  4. #14

    Default Re: Employer is Contesting Unemployment Benefits Approval

    cbg: I wasn't referring directly to you. But you know what, if I lose, I lose -- I will appeal and see what they ask for. But if I win, I can know I did my best and receive the benefits I know I am entitled to.

    Thank you for the candor. What exactly do you do out of curiosity ?

  5. #15
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,219

    Default Re: Employer is Contesting Unemployment Benefits Approval

    HR professional. 35+ years experience. And before you decide that means I'm biased in favor of the employers, be advised that in all the years I dealt with unemployment, I contested exactly ONE claim. And even in that claim, I only protested our account being charged - I didn't care if the employee got benefits as long as the employer who fired her got charged and not us. (She quit us, went to work for someone else and they fired her - I didn't see why we should be charged for that.) I won't deny that I've seen employees of mine denied benefits, but it wasn't because I contested; it was because the UI commission asked me questions, I answered them, and they decided on that basis to deny.

    I have no problem with your receiving benefits, but I hate seeing people plan a strategy that I can see going south if the ALJ got up on the wrong side of the bed that morning.

  6. #16

    Default Re: Employer is Contesting Unemployment Benefits Approval

    Well I apologize for the miscommunication and did not mean to sound rude. There is more to this claim that I did not mention. When I relocated to CA, I did so for WORK. After a month, I was taken off of my nursing case because the mother of the client felt it was not a good fit. I initially tried to file for unemployment in CA, but the rep said I qualified in NY because I had more wages there.. When I called the NY Claim Center the rep agreed, and started my claim, knowing that my most recent employer was the one here in CA. So, I did not move to CA and immediately file a claim. I worked a month, and lost employment.

    This may or may not affect the claim, or how you (or anyone else) perceives it. Perhaps I should have mentioned this.

  7. #17
    Join Date
    Mar 2012
    Posts
    1,339

    Default Re: Employer is Contesting Unemployment Benefits Approval

    Quote Quoting Joeyzoom
    View Post
    There is more to this claim that I did not mention. When I relocated to CA, I did so for WORK. After a month,
    Oh, this might change everything. UI is based on the separation from your LAST employer. According to this table on page 5-11 http://workforcesecurity.doleta.gov/...onmonetary.pdf, if you worked 3 days in each of 5 weeks (you say a month so maybe you did this) and earn 10 X your weekly benefit amount and with a max NY benefit of $405/week, you'd have only had to earn $4,050 during your time with this CA employer. If this is the case, then all this work you're doing to prove a good cause quit will be for nothing. All you'll have to do is submit your paystubs for the CA employer to NY, and you'll be approved provided the separation from the CA employer is for a nondisqualifying reason.

    Also, if you actually applied in CA first, submit your denial paperwork to NY. Applying in the wrong state first, is good cause to get your claim back dated. It will be as though you applied in the right state from the beginning, and you'll be able to have benefits with less of a gap in payment if that's important to you.

  8. #18

    Default Re: Employer is Contesting Unemployment Benefits Approval

    chyvan thank you, but unfortunately I did not earn enough wages yet to qualify for my rate (I am close to max), which is why the CA Rep looked me up and referred me to the NY Office. NY was aware when they took my claim my last employer was in CA, but I was a bit under the wages needed to qualify. That is why I'm at where I'm at.

  9. #19
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can a Nurse Collect Unemployment After Quitting Due to Mandatory Overtime

    It actually looks better for you in general that you immediately had a job in CA after quitting.

  10. #20

    Default Re: Can a Nurse Collect Unemployment After Quitting Due to Mandatory Overtime

    thats what I thought too Disagreeable -- I did not come to CA and claim immediately, I claimed after the job I moved here for did not work out. So I am hoping they see that too. I should be hearing soon from the Examiner. Any input guys, on how to address the Examiner? Im told to do everything dispassionately -- which can be hard when an underhanded employer is contesting your $. Any advice here?

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