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Former Employer Filed an Appeal

Discussion in 'Unemployment Insurance & Benefits' started by DC77, Jan 5, 2022.

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  1. DC77

    DC77 Law Topic Starter Member

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    Hi All, I need some direction on a letter I received and not sure if I need a lawyer for this or what it means for me. I received a notice of hearing for the employer appeal to my unemployment claim while working there. I worked part-time and was told by NC unemployment that I could supplement with unemployment; to keep filing as normal. The appeal states that I made more than I actually made, refused full-time work and/or additional hours, and left voluntarily.

    The first part about pay, I have paystubs showing I didn't make that much. Regarding refusing hours, I was offered hours as others quit, but there were numerous times I was ill with covid like symptoms, had to be tested, and another time I had an emergency situation with my cat. Granted looking back, I'm not sure if emergency surgery for my cat will be considered important. But I was also told to be careful working there. There were a lot of issues with a lack of safety for covid and some very serious ethical concerns that were causing harm to patients and putting me at potential liability. I have no doubt this owner would have thrown me under the bus in a heartbeat. I was doing work of a licensed assistant but as an unlicensed aide. At the time, I was trying to find other employment and trying to stick it out for my resume. I did not want to cause conflict or burn bridges, but I probably should have left this position sooner.

    Lastly, I was never permanent I was a temporary part-time employee because I was seeking work as an intern to work towards my certification, and a more suitable job. An internship came available and I gave notice, of which my hours dropped. The internship fell through and I stayed onboard picking up hours and filling in as needed. I was finally offered another full time internship, unpaid, and had to move. I was told by NC unemployment to continue collecting unemployment since the internship was unpaid but work...

    So I'm not sure how to approach this. Some of what he said was in the wrong but some of it not entirely wrong. I kept quiet about the work conditions and ethical issues. I don't know if I've done something wrong or what's going to happen at this point. Or what I need to do.
     
  2. flyingron

    flyingron Well-Known Member

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    Being unable to work due to illness doesn't qualify you for unemployment. Doing the work of other positions means squat by the way. Your employer is rightfully upset. They offered you work, you didn't take it (your excuses don't matter), they shouldn't be dinged with the UE penalty. Again, you quitting for the internship doesn't mitigate things.
     
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  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Ditto what @flyingron wrote.

    And in the twenty years, I managed and handled UI appeals for thousands of claims never once did having a lawyer help a former employer in the hearing. In fact, all of the ones that come to mind that had a lawyer, the lawyer bungled them either by not understanding the UI laws and regulations or by pissing off the hearing officer.
     
  4. army judge

    army judge Super Moderator

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    Look at NC on the chart:

    Partial Unemployment Eligibility by State (Table) - UnemploymentPUA.com


    Read about PART-TIME workers regarding UI in NC:

    What if I work part-time?
    What if I work part-time?
    If you work part-time, you must report the gross (before taxes) earnings for the weeks that you worked, and you must maintain your eligibility requirements. If your only employment was part-time and you have been separated, you may be eligible to receive benefits. Contact a DES claims representative at 1-888-737-0259 so that a determination can be made.

    How to Know You Qualify for Partial Unemployment in NC
     
  5. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    If he took a full-time internship...

    ...he isn't going to be eligible for UI.
     
  6. army judge

    army judge Super Moderator

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    The above words were authored by the NC DES.

    I simply copied and pasted the words created by NC DES for the OP to see, as well as the contact number for the agency.
     
  7. DC77

    DC77 Law Topic Starter Member

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    This was the beginning of last year, and it was my understanding that covid symptoms and/or quarantine did qualify for unemployment. I was in contact with N.C. DES often following their direction. I was hired for one day a week, for which I still qualified for UI. Hours were offered as others quit on short notice but then taken away as they rehired. I was available some times and for the majority of the week, but not always at times they requested. I was also in physical therapy and having difficulty physically doing the work or taking on more work... As per the safety and ethical conditions, working there was putting my future career in jeopardy and causing harm to patients. I don’t know how it’s seen in the legal world, but in healthcare, ethics aren’t an excuse, they’re a code. This was not safe or suitable employment and I was actively looking for more suitable work.

    Last thing, he lied and misreported my hours and wages, which I can prove through paystubs. You can say he has a right to be mad, but he’s also just a piece of crap person...

    My question is what do I do from here? And what should I expect if he wins the appeal?
     
  8. justblue

    justblue Well-Known Member

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    Did you report these violation to the applicable state agency?
     
  9. army judge

    army judge Super Moderator

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    You MIGHT attempt to see if the matter remains appealable.

    You can attempt to contact a DES claims representative at 1-888-737-0259 and ask about your available options.

    You can expect NO weekly bennies IF you don't prevail.
     
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  10. Zigner

    Zigner Well-Known Member

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    Why do you gloss over the fact that you chose to leave to take on an unpaid internship that will prevent you from being available for work?
     
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  11. DC77

    DC77 Law Topic Starter Member

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    I’m not trying to gloss over anything. I consulted with N.C. DES and was told I was still eligible though I was not getting paid...

    There is an appeal hearing in 2 weeks, I’m trying to find out how to prepare, whether I need a lawyer, and what could happen to me.

    PS I have been working and have not collected benefits since last summer.
     
  12. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    The employer could likely not care less if you get UI or not. What they don't want is for it to be charged against their account, which it probably shouldn't be. Much of the appeal may well be about that.

    To prepare for the hearing you need to write down your story and make sure you have all the facts straight. When you quote your income you use the gross, before taxes and withholdings amount.
     
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  13. DC77

    DC77 Law Topic Starter Member

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    @PayrollHRGuy that's exactly what he's appealing according to the email he sent, which DES provided; UI benefits chargeable to his company. So what does that mean then? Will I have to pay the money back? Do you know if that would be only the unemployment through NC or the government covid money as well?

    And thank you for helping me with preparing. I had a difficult time getting a hold of paystubs and he's being very difficult on the timesheets. He is turning nasty. I am trying not to engage.
     
  14. welkin

    welkin Active Member

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    It did during the duration of the PUA under the Cares Act from January 27, 2020 through to Sept. 4, 2021.
     
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  15. DC77

    DC77 Law Topic Starter Member

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    I reread through emails (note that I worked for this person almost a year ago). I never formally quit this job. I actually offered to stay on through my internship on my days off and this was approved by the supervisor. I was never given a formal termination or separation date or exit interview. Communication stopped after July. For what any of that is worth.
     
  16. Zigner

    Zigner Well-Known Member

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    It would have been nice if you had started with this. Your former employer isn't arguing that you shouldn't have received unemployment, rather, they are appealing the charging of such benefits to their account. In other words, they don't care that you got them and they aren't saying you shouldn't have. They are simply arguing that it shouldn't be applied to them. If their appeal is successful, then it won't affect your benefits. It will simply affect to what entity those benefits are charged.
     
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  17. Zigner

    Zigner Well-Known Member

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    Welcome!
     
  18. commentator

    commentator Member

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    Bingo here on the thing of the employer complaining about their account being charged. As far as whether you qualified or not, in the time of pandemic U.I., that's not an issue. This is, actually not about you. There was all this money coming in, they were giving it out with complete disregard to the old normal "can't be ill" "can't turn down work" etc. And that is not what is being investigated here. So do not make it any kind of an issue. You are in the hearing simply as a courtesy. You may want to mention to the officer the issue about their seeming to have reported the amount you worked and made from them incorrectly. This should be something you submit before the hearing. Re read your letter for instructions on how to get this information to them before the hearing.

    Do not answer any questions they do not ask you. Do not bring up any extraneous information about your availability for work, reasons why you did not work, etc. Keep mention of your cat's surgery out of the hearing. In fact, this isn't about you, it's about who is charged for your claim, and a lot of employers are currently trying to go back and request non charges for people drawing Pandemic Unemployment benefits because it hurts their bottom line.
     
    Last edited: Jan 6, 2022
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  19. commentator

    commentator Member

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    Bingo here on the thing of the employer complaining about their account being charged. As far as whether you qualified or not, in the time of pandemic U.I., that's not an issue. This is, actually not about you. There was all this money coming in, they were giving it out with complete disregard to the old normal "can't be ill" "can't turn down work" etc.
     
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  20. cbg

    cbg Super Moderator

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    Thread hijack: Just welcoming Commentator to the board - she is the most experienced unemployment expert I know. You can take what she is telling you to the bank.

    End thread hijack.
     
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