The Conservative Fantasy History Of Civil Rights
Leslie Odom Jr.: We Are Not All Artists the Same
I am going to let you in on a little-known secret. When you are terminated from your job, whether it's your fault, or a lay-off from your company, the Human Resource department will almost always fight your unemployment claim. No matter the circumstances regarding your departure, your employer does not want you to get unemployment on their watch.
Even though we all get unemployment insurance taken out of our paychecks when we work, companies must pay into a fund for unemployment insurance as well. And that fund goes up for each former employee that gets unemployment from the state. So it is in the employer's best interest to fight unemployment claims.
Here are six tips to help you fight for your unemployment claim:
Always Appeal
When you receive a denial of unemployment letter, don't give up. Unless you left the position on your own, you probably have grounds to receive unemployment. Make sure you file the appeal following your state's guidelines in the letter you received. Always file within the deadline to make sure that you are able to properly appeal your claim. Taking too much time or not appealing by deadline will make your appeal null and void.
Get Statements
It is always a positive when you have statements or a letter on your behalf from other colleagues or coworkers who can back up your story of events. That may be tricky because your employer may discipline the person who has chosen to speak on your behalf, but the more witnesses you have, the better. A coworker can submit a letter for you anonymously as long as the person working on your case from the unemployment office can verify the statement made.
Submit Facts & Create a Paper Trail
If you have any correspondence from your employer, always submit that with your appeal. This includes termination letters, discipline warnings, etc. If you were given a 90 day probation to correct an issue and were fired before the 90 days was complete, this could be a solid reason for your claim to be granted.
Be Diligent
Continue to file your weekly unemployment paperwork via Internet, mail, or phone via your state's unemployment policy. Doing so will insure that if granted, you get all of the back employment that had been held since you lost your job, and will not cause any additional roadblocks to you getting your money once your claim is won.
Reply on Time
While appealing your unemployment claim, you may receive additional paperwork that has to be submitted. Make sure you complete this paperwork even after you have submitted your appeal letter.
Read the rest on Young Black Professional Guide.
Questions:
-Have you ever had troubles collecting unemployment?
-What steps did you have to take to ensure that your payments started?
Leave your comments below!
Comments: (8)
Add a comment
By: UI Person on 12/08/2010 7:34PM
Unemployment is available to those individuals who lost their job through no fault of your own. If you were discharged due to misconduct and you were aware your job was in jeopardy, yet you failed to do everything possible to preserve your employment relationship...you should not appeal your decision. The burden of proof is on the employer to prove misconduct and they will need to have documentation to prove that.
Employers will not protest layoffs, because that is no fault of your own. The unemployment laws differ from state to state, so when you file for unemployment please make sure you research the disqualification criteria before filing.
I find it amusing that the author of this article is telling you to appeal..please...Only appeal if you know that you were discharged without just cause and/or if you voluntarily resigned your position for cause attributable to the employer.
Do not waste your time or the taxpayer's money filing unneccessary appeals which will likely lead to to a hearing - again wasting your time as well as the Administrative Law Judge's time..when they could be spending that time for individual's who really and truly deserve the unemployment.
Careless article without much research...
Reply to this Comment | Report This
By: Edith Buchanan on 12/09/2010 9:29AM
I was laid off because my job was out sourced. The company that laid me off called me and asked me to come back to help them out working thru a temp service. They informed me it would be 2-4 weeks. My original ccompany told me I would not lose by severance package but they never told me this would affect my unemployment benefits. The temp company did not tell me this either. This is the first time I have applied for unemployment. I was with the company 5 yrs and only with the temp for 5 months. I left after the 5 months because no could ever tell me how long the temp job would be. Another employee left 2 weeks before I did and she received her unemployment but mine was denied. I live in NC.
Reply to this Comment | Report This
By: UI Person on 12/09/2010 10:49AM
Unfortunately, in some states severance can affect and/or delay the payments of your ui benefits..depending on how you received the severance. If your severance is a continuance of your pay, it could lead to the delay of your unemployment benefits or could reduce the amount you are to receive. If you receive the severance is a lump sum - this could also affect the receipt of your UI benefits..however again it depends on each states UI laws.
When you left the temporary position - you left without good cause. Leaving because you didn't know when the assignment was going to end was probably viewed as without good cause attributable to that temporary employer because continuing work was available. When you left, did you have other employment? Did you start that other employment immediately? These are all factors that could have played in the decision to deny or delay your UI benefits.
Report This
By: 61b936be2 on 12/09/2010 6:47PM
The other employee who left 2 weeks before I did left for the same reason and she received her benefits. I should receive my benefits from my orginal employer because I was laid off. I am not trying to collect from the temp company because I was only there 5 months where as I had 5 years with the original employer. We both worked for the original employer and were both called back to help out.
Reply to this Comment | Report This
By: UI Person on 12/10/2010 10:04AM
What were the circumstances surrounding your severance package?
Did the other employee who left two weeks before you receive the same severance package that you did? When you received the decision denying your unemployment - what were the grounds for denial?
If they denied you based on the reason for the separation which was a layoff and not because you received the severance, then yes you should appeal. The state of NC does not considered you unemployed if you are receiving severance as a continuance of pay..
Report This
By: Lela Coleman on 12/09/2010 10:02PM
Claimant do not pay into unemployment benefits via thier employer. I work for the unemployment office in my state, Only employers pay, through a payroll tax to the employment security office of the state the employer is in.
Read more: http://wiki.answers.com/Q/Do_employees_pay_for_unemployment_insurance#ixzz17fqSqsZl
Reply to this Comment | Report This
By: j bethea on 12/10/2010 1:55AM
UI person you must be one of those lazy state workers that don't want to bring yourself anymore work than you have to have by you telling people to not appeal you just proved my statement less work you have to do PLEASE
Reply to this Comment | Report This
By: UI Person on 12/10/2010 10:00AM
Lazy? Hardly. I am currently employed and have been at the same comapany for over 15 years working in the UI field - I simply commented because the writer was reckless in providing the information she did in the article.
Report This