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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31698
Experience:  JD, BBA, recognized by ABA for excellence.
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I applied for unemployment & was disqualified because of the

Customer Question

I applied for unemployment & was disqualified because of the Mes Act, Sec. 29 (5) and Mes
Act, Sec. 29 (1)(A) as well as an "Earnings Rework Requirement" of $4044.00 which has not been satisfied. I protested this determination requesting further explination. The disqualifica-
tion was just restated with again no further explination. I don't understand what this means?
Thank you, Beth
Submitted: 2 years ago.
Category: Employment Law
Expert:  Tina replied 2 years ago.
Thank you for contacting Justanswer.com.

Did you voluntarily terminate your employment? If so, what were your reasons?

Customer: replied 2 years ago.

Yes. I left to accept new position w/Aflack. Gave 2 week notice and proceeded to get my Life Insurance liscense. Unfortunately, I was unable to pass the state exam. I took it 2x's. I have since been looking for a job unsuccessfully.

I chose to leave originally was because of the following reasons:

1. The sales position was straight commission & I originally agreed to work 40-42hrs.

per week. At the time I left I was working 50-52 hrs. per week because of the high

turnover rate of salespeople. When people would leave (because of lack of income)

the rest of the staff would have to pick-up the additional hours. This is a furniture

store & because of the economy- working more hrs. dosen't mean making more

money.

2. I was overqualified for this position. I have worked in this industry for over 20 yrs. on

several levels & my experience far exceeds the owner and his manager. I offered

several solutions to mgmt. to resolve the staffing problem. One solution was to

re-merchandise the showroom, which he agreed to do and I assisted him with this

process. Part of this program required that I be "instrumental" in training the staff on

product knowledge and "How to" sell upholstery. (my expertise) This would require

a great deal more of my time, knowledge and time away from selling. I went to him

and requested a "title" and additional income. He agreed to a "title" however there

would be no additional income. FYI, the assistant mgr.recently left (the position

was open) and he was pd. 40k per yr. I could not continue to work so hard for a co.

who did not appreciate me.

 

I hope this helps you understand - I'm not sure it is relevant but there it is.

 

 

 

Expert:  Tina replied 2 years ago.
I see.

The botXXXXX XXXXXne is that the commission appears to have determined that you did not voluntarily terminate your employment for good cause. Since it was within your control whether to pass the exam or not and you did not, your unemployment cannot be attributable to your employer typically.

In addition, the rework requirement normally indicates that the commission has determined you do not have enough earnings in the base period to qualify for benefits and need to earn additional wages before you qualify.

Therefore, even if you appeal the decision by the commission with regard to whether there was good cause to quit your job, it appears you would not have enough base period earnings to obtain benefits at this time anyway. So an appeal is likely to be futile.

Good luck and take care.

Tina

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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31698
Experience: JD, BBA, recognized by ABA for excellence.
Tina and 9 other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

I was required to work more hours w/o any additional income - that's wrong! There's got to be some violation there somewhere? What is the base $ amount needed to collect unemployment?

Expert:  Tina replied 2 years ago.
The commission typically looks at your earnings from the past 12 months to determine whether you have enough base earnings. I do not have the minimum amounts to provide you though.

If you were an hourly employee and did not receive pay for hours actually worked, then you should normally file a wage claim with the state labor board. Or, if you were commissioned, but required to perform administrative duties for which there was no opportunity to receive commissions, you should have been paid hourly for those hours worked normally and should file a complaint with the labor board for that as well.

If you have additional earnings coming to you, then that could be used to recalculate your benefits, but you should file an appeal to keep your claim alive and should retain a local attorney to represent you since the matter becomes much more complex.

All the best to you.
Customer: replied 2 years ago.

Unfortunately I clicked the "Accept Answer" box before I could ask the following questions: I was required to work more hours w/o any additional income - that's wrong! There's got to be some violation there somewhere? What is the base $ amount needed to collect unemployment? Please respond.

Expert:  Tina replied 2 years ago.
I did respond to those questions above already. Here are my answers again:

The commission typically looks at your earnings from the past 12 months to determine whether you have enough base earnings. I do not have the minimum amounts to provide you though.

If you were an hourly employee and did not receive pay for hours actually worked, then you should normally file a wage claim with the state labor board. Or, if you were commissioned, but required to perform administrative duties for which there was no opportunity to receive commissions, you should have been paid hourly for those hours worked normally and should file a complaint with the labor board for that as well.

If you have additional earnings coming to you, then that could be used to recalculate your benefits, but you should file an appeal to keep your claim alive and should retain a local attorney to represent you since the matter becomes much more complex.

All the best to you.
Customer: replied 2 years ago.
Thank you.
Expert:  Tina replied 2 years ago.
You are very welcome and take care.

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