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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 33730
Experience:  15 years practicing attorney
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I was denied unemployment benefits due to last employer

Customer Question

I was denied unemployment benefits due to last employer contesting : was fired unjustly prior to completion of orientation, never worked at site I was hired for, only site where no one else would work.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Barrister replied 6 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

Expert:  Barrister replied 6 months ago.

Can you tell me what grounds the employer claims that they fired you under?

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Are they claiming misconduct on your part?

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Have you appealed the denial?

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What is your legal question I can help with tonight?

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thanks

Barrister

Customer: replied 6 months ago.
The employer stated I did not meet obligations of job in timely manner.
I was not able to keep up with paperwork demands despite numerous requests for help. This was considered my orientation, as well, I never worked at the clinic site I was hired for.
No misconduct. Two previous employers were approved for unemployment pay, however a 12 week hold was placed in benefits due to my last employer not being honest with situation. I have not appealed as was told I would lose benefits approved but on hold.
I won't need benefits in 12 weeks (hopefully) I need the monies now.
What are my rights as last employer should not determine approval. I was fired unjustly, not fired by whom I was hired by but two peers.
Expert:  Barrister replied 6 months ago.

The thing here is that if you don't agree with the denial, then your only recourse is to file an appeal and fight the denial. There isn't any other option for you if the employer won't voluntarily withdraw their objection.

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But not meeting obligations isn't misconduct. It might be poor job performance, but not misconduct. And they can only deny benefits if you are accused of misconduct or you haven't worked for an employer long enough to qualify for benefits.

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How long did you work for the employer?

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"due to my last employer not being honest with situation." Can you tell me what you mean by this?

What did the employer say? Just that you weren't meeting obligations?

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I am trying to figure out what grounds the unemployment office denied you on?

Customer: replied 6 months ago.
I was not given a proper orientation following my hire date.
They (the company) states that I did not turn in paperwork in a timely matter. The company has since changed their policy and request all credentialing materials to be submitted prior to start date, however, I was trying to compile hours of work while learning the job, simultaneously. I was becoming physically ill with lack of sleep.
Expert:  Barrister replied 6 months ago.

Ok, the we circle back to the fact that your only option to dispute this would be to file an appeal of the denial if you wanted to try to challenge this with unemployment. But I understand that you might not want to do so if it would interfere with any hold that they placed on your benefits.

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thanks

Barrister

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