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Technical Legal Question Date of Separation

Discussion in 'Unemployment Insurance & Benefits' started by DC77, Jul 28, 2022.

  1. DC77

    DC77 Law Topic Starter Member

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    Hi All,

    I came here in January for help with an unemployment hearing and I'm back. My second appeal came back; it's denied. They have me that I left the company. I quit and moved on to an internship, and the DES agents said I still qualified (that's another story and NC doesn't care). Right now, we're squabbling over dates. So I have a technical question considering determination of resignation date. Is the resignation date the day you put in your resignation notice? Or is it the day you separate from the company/last day worked? T

    This was the case where I put in a resignation to leave for an internship, but the internship fell through and I continued working for the company for an additional 2 months.. DES is negating any work after the resignation email. Is there any argument to fight this??

    Depending on which date should be the determination date could mean a difference of as much as $4,500.

    One last question... Is there anyone out there that has heard of any success filing a waiver of forgiveness in NC?
     
  2. cbg

    cbg Super Moderator

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    The resignation date is the last day you worked.
     
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  3. DC77

    DC77 Law Topic Starter Member

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    That's what I'm reading as well. The email was a notice to resign and the last day worked is the day of resignation. Is there any statute or something legal I can reference to back this up??
     
  4. cbg

    cbg Super Moderator

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    It's not codified. Either you worked or you didn't.
     
  5. DC77

    DC77 Law Topic Starter Member

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    Well at this point, DES has interpreted resignation as being the date of notice. They even backdated it an extra week.
    To fight it, I’d have to pay $200 just to file with Superior Court and probably have to hire a lawyer.... But it’s very clear the system isn’t for truth or fairnes. DES is out for blood and money, and seems to have a stacked deck on their side. The chance of losing is high and cost doesn’t look worth it...

    Here’s a new nugget though, I learned tonight on Department of Labor website, it is illegal for States to collect overpayment before a case is finalized. That means appeals completed, appeal windows closed, and case finalized. DES has been billing me this whole time, and I’ve been making payments for months, even though this is still an active case with an open appeal window. It has not been finalized. I wrote several letters and spoke to agents about this. I was told to still pay. This was apparently against the law. Is there anything I can do with that??
     
  6. army judge

    army judge Super Moderator

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    You could contact your elected state and/or federal officials, as in Governor, President, Vice President, state senator, federal senator, state legislator, federal Congressperson, Biden's Secretary of Labor, state attorney general, state labor secretary or head official, etc...

    On a rare occasions, your story might stimulate one (maybe more) of them to become involved in your issue.
     
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  7. Zigner

    Zigner Well-Known Member

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    In my opinion, it's most likely that you are misunderstanding something about the law.
     
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  8. DC77

    DC77 Law Topic Starter Member

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    From DOL. Am I not reading this correctly?
     

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  9. Zigner

    Zigner Well-Known Member

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    I believe that you are likely misinterpreting it.
     

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