How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17612
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
19127644
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I have been receiving unemployment from the State of TN since

Resolved Question:

I have been receiving unemployment from the State of TN since the week beginning 1/11/10.
I have filed for weekly benefits since the week of 1/18/11. My weekly benefit after taxes is $247/week since the $25/week stimulous money was cut off around 12/11/10.
I received the following letter today that was dated 02/15/2011:
"Claimant has not been paid wages for insured work performed after the establishment of the previous benefit year in an amount equal to at least five (5) times the weekly benefit amount in the preceding benefit year. Claimant is ineligible for failure to meet conditions set forth in TCA 50-7-302.

Appeal Rights: Interested parties have the right to appeal this decision within 15 calendar days of date mailed. If State offices are closed on the final day, the next business day is the deadline. Late appeals will only be allowed if you can show, in a hearing, that you had good cause. File the appeal by mail to TDLWD, Appeals Tribunal, 220 French Landing Drive, Nashville, TNNNN-NN-NNNNor by fax to (XXX) XXX-XXXX. The Claimant's social security number must appear on all documents. The guide for receiving UI Benefits and the Employer's Handbook contain additional information. The claimant must certify weekly to remain eligible for benefits should filing an appeal result in approval. You may be represented by an attorney or assisted by any other representatives you choose. If you cannot afford an attorney, free or low cost legal assistance may be available through your local legal services organization or bar association. We cannot provide an attorney for you."

The only money I received since filing for unemployment was just under $1,800 for back vacation pay around April 2010. I was asked about this money by the employment person that renewed by file when I extended my benefits in late January 2011 and told them it was back vacation pay. I have filed every week that I was eligible and received no other compensation.

I know I need to continue filing for my weekly unemployment certification until I find a job and/or this matter gets resolved, but what does this mean? What is your advise on handling this situation?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 3 years ago.
Hello,

I can't tell you why your benefits were cut off but I would highly recommend that you appeal the decision and that you try to get representation from either Legal Services or, if you can afford one, a private employment law attorney who practices unemployment law. I have set out the entire section of the law that the State cited below.

"... (1) If the qualifying base period wages of the claimant's current benefit year include wages paid prior to the establishment of a previous benefit year, the claimant shall not be eligible for any benefits under this chapter unless the claimant has been paid wages for insured work performed after the establishment of the previous benefit year equal to at least five (5) times the claimant's weekly benefit amount in the claimant's preceding benefit year;..."

The entire statute can be seen at: http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode

What the section means is the you did not have enough earnings in the benefit year to qualify for continued benefits. I think you may be correct that they are focusing on the vacation pay you received. Normally, that is not used as countable income since it is a benefit payment. Because of the technical issue here, I do think that it is important the you have representation to get this straightened out.
Customer: replied 3 years ago.
Do I need to get a form or go to the unemployment office or type a request for an appeal on my own and then get an attorney involved or just get an attorney immediately? I have to reply by february 28th, 2011.
Expert:  Marsha411JD replied 3 years ago.
Hello again,

There is no formal form for your appeal. You just want to make sure that you include the information that the letter said you were required to. You can also see the guide they refer to at: tnpaws.tnui.net/GuideToUIBenefits.pdf

If I were you, I would first try to make an appointment with an attorney to discuss your case. If you can't get an appointment before you must file your appeal, then you want to go ahead and get that done.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17612
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 3 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 
Chat Now With An Employment Lawyer
Marsha411JD
Marsha411JD
11051 Satisfied Customers
Licensed Attorney with 28 yrs. exp in Employment Law