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  1. #1

    Default Unemployment

    My question involves labor and employment law for the state of: Nevada

    I applied for a unemployment end of Oct 2019 due to no wages due to workers comp situation. I cancelled claim since I still had employment. Wrongfully terminated on Nov 25th. Went through 3 appeals to be denied since UE judicator focused on the cancelled claim in Oct. Who do I complain to since I have not been able to get any UE benefits. Please feel free to reach out if you need more details. Very complicated situation.

  2. #2
    Join Date
    Feb 2008
    Posts
    1,177

    Default Re: Unemployment

    some questions --

    what exactly was the reason given when you were terminated? Why did you get terminated? What have they said in writing to UE?

    you've said nothing about how this was wrongful termination. Are you saying it was in retaliation for filing either WC or UI?

    How long were you out of work due to the injury? (generally if you are unable to work due to injury, you are not eligible for UE benefits)

    The fact that you filed UE in October might be an issue if they felt you did so fraudulently. Did you certify you were "willing able to work"? Did you actually get paid any UE benefits at that time?

    Generally WC benefits do have a waiting period (around 7 days) prior to lost wages kicking in BUT usually so do UE benefits.

    WC is the sole remedy for your injury and lost wages -- -have you appealed any of their decisions to the state Dept that covers WC?

    As for UE, all you can do is continue to appeal until there are no more appeals left. Have all 3 been appeals you have requested? It sounds like there are some discrepancies on both sides but in the end, the state dept that covers UE is going to be the final decision maker based on documentation provided from both sides. If your employer has documentation for their reasoning that is valid, it will be harder to prove any kind of wrongful termination/retalitation claim. The good thing about UE is they are showing you what the employer is providing as their reasoning for the termination.

    If you have any proof that you were terminated solely for filing the WC or UE claim, you need to seek local counsel and show them that evidence. They will be able to give you a clearer picture on whether you have any type of valid claim.

  3. #3
    Join Date
    Oct 2016
    Posts
    4,220

    Default Re: Unemployment

    Quote Quoting lydellwillis
    View Post
    My question involves labor and employment law for the state of: Nevada

    I applied for a unemployment end of Oct 2019 due to no wages due to workers comp situation. I cancelled claim since I still had employment. Wrongfully terminated on Nov 25th. Went through 3 appeals to be denied since UE judicator focused on the cancelled claim in Oct. Who do I complain to since I have not been able to get any UE benefits. Please feel free to reach out if you need more details. Very complicated situation.
    Please answer hr for me's questions. It will allow us to actually provide possible answers.

    I'm taking a wild guess here but there is a chance that you may have a long term disqualification from UI because of what the agency feels was a fraudulent claim based on the October filing.

    If you can provide disqualification letters WITH IDENTIFYING INFORMATION REMOVED that would help.

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