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AlexiaEsq., Managing Attorney
Category: Employment Law
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Experience:  19+ Years of Legal Practice in the Employment law arena.
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I left Arkansas and relocated to Charlotte, NC. I quit my job

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I left Arkansas and relocated to Charlotte, NC. I quit my job working for an optometric physician where I had been for a year, gave notice and was incouraged by Dr. Irby and was given an excellent letter of recomedation because I was getting married and had to relocate, I have been disqualified but have not recieved the letter as of yet, I called and had it faxed to my fiance', letter stated there was no change in the location of my employment, and not good reason enough that it was personal. I recieved the letter of monetary determination and had 20 days to appeal but on the line #11 where there was to be an reason to appeal it was blank. I called Little Rock DWS and they said I was suppose to have recieved a letter about my agency determination I have yet to recieve it so I ask them to fax it to my fiance' and they did. I am on file with three staffing agencies and have had two interviews. I have done my part to find work to no avail.ACA 11-10-513(A)(4) I did not file within 30 days.
Submitted: 5 years ago.
Category: Employment Law
Expert:  AlexiaEsq. replied 5 years ago.

Dear XXXXX,

 

With regard to those appeal papers, the "reason" for appeal is what you have to fill in - i.e. what are you appealing? Presumably the alleged unjust reason of disqualification. The agency wouldn't be able to put in your reason for appeal, as the agency it the one that denied you and feels it is just denial. You are appealing, you need to put something in that spot. But most importantly, you do NOT want to violate deadlines. And if you did with just reason because they did not get you your letter in time, than seek a 'waiver' of the appeal deadline on the basis that you never got a copy UNTIL you questioned them and asked them to fax the letter to you. You may want to check the date of the letter that you received by fax to make sure they did'nt "create" the letter after you complained you didn't receive one.

 

Notwithstanding the baove, Mary, I do think, based on your facts, that you are not entitled to unemployement benefits under Arkansas law, nor that of most states. This is because you voluntarily left your job and did not have 'good cause connected to the work' for doing so - you have a nice personal reason, that is true (and congratulations on your pending nuptials!)-- most people do have good personal reasons for quitting a job, but unemployment is meant for those that lost their job due to no fault of their own, "victims of job loss" , if you will.

 

Here is the law on it: Unfortuntately, sinc eyou were not married and your the military exception did not apply, you can not take advantage of that exeption. However, it does look like if you get 30 days of work and then get laid off, your right to benefits will kick in again. Read below:

 

A.C.A. § 11-10-513 (2008)
11-10-513. Disqualification -- Voluntarily leaving work.

(a) (1) If so found by the Director of the Department of Workforce Services, an individual shall be disqualified for benefits if he or she voluntarily and without good cause connected with the work left his or her last work.

(2) (A) An individual working as a temporary employee will be deemed to have voluntarily quit employment and will be disqualified for benefits under this subsection if upon conclusion of his or her latest assignment, the temporary employee without good cause failed to contact the temporary help firm for reassignment, provided that the employer advised the temporary employee at the time of hire that he or she must report for reassignment upon conclusion of each assignment and that unemployment benefits may be denied for failure to do so.

(B) (i) As used in this subsection, "temporary help firm" means a firm that hires its own employees and assigns them to clients to support or supplement the client's work force in work situations such as employees' absences, temporary skill shortages, seasonal workloads, and special assignments and projects.

(ii) The term does not include employee leasing companies regulated under § 11-10-717(e).

(C) "Temporary employee" means an employee assigned to work for the clients of a temporary help firm.

(3) Any person who leaves his or her last work to comply with the order of a correctional institution or to satisfy the terms of his or her parole or probation shall be deemed to have left work "voluntarily and without good cause connected with the work".

(4) The disqualification shall continue until, subsequent to filing a claim, he or she has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, another state, or the United States.

(b) No individual shall be disqualified under this section if after making reasonable efforts to preserve his or her job rights he or she left his or her last work:

(1) Due to a personal emergency of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification;

(2) Because of illness, injury, pregnancy, or disability; or

(3) To move with a military spouse to a new duty station.

(c) (1) No individual shall be disqualified under this section if he or she left his or her last work because he or she voluntarily participated in a permanent reduction in the employer's work force after the employer announced a pending reduction in its work force and asked for volunteers.

(2) Such actions initiated by the employer shall be considered layoffs regardless of any incentives offered by the employer to induce its employees to volunteer.

(3) Any incentives received shall be reported under § 11-10-517.

 

 

 

Hope this helps to clarify.


I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger and can not create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. If your question was in fact answered appropriately please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for my work from the company. This will not cost you anything, if you already deposited to the company for this service. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply and I'm happy to help you. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks!

 

Sincerely,

 

Stephanie Joy

 

 

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AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 11837
Experience: 19+ Years of Legal Practice in the Employment law arena.
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