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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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I resigned because I was being accused of things I did not

Customer Question

I resigned because I was being accused of things I did not due. I was suspended pending an investigation and was called later the following week asked additional questions not pertaining to the original allogations.
Submitted: 9 months ago.
Category: Legal
Expert:  ScottyMacEsq replied 9 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Can you tell me what your question is?

Customer: replied 9 months ago.
Why would unemployment denied me? How do I appeal it and get it approved
Expert:  ScottyMacEsq replied 9 months ago.

The reason is because you quit. Unemployment is available to individuals that are unemployed due to no fault of their own. Generally speaking, if you quit, that is a voluntary act, and will typically result in a denial of an unemployment application. Another thing, at the first level if the employer objects, everyone gets denied. Now if you quit "for good cause attributable to the employer", then that would still be something that you could get unemployment for. But the burden of proof is on you to show that it was the employer's fault that you quit and that no reasonable person would have stayed in those circumstances. Quitting with good cause means that you had a real and important reason for leaving your job even though you wanted to keep working. If you quit without good cause then you will be disqualified from getting unemployment benefits.

To decide whether you quit for good cause, DES asks you the specific reasons you left work. DES then answers the question: "What would a reasonable worker have done in a similar situation?" You must show a very good reason for quitting your job. You must convince DES that a reasonable person would quit under the same conditions. A reasonable worker would not leave a job quickly. Therefore, DES generally will not find you had good cause to leave unless you took one or more of the steps below to fix your work situation before quitting:

• Gave the work a fair trial;

• Tried to get poor working conditions changed; or

• Asked for time off to solve a personal problem. Generally, DES will find you quit for good cause when there was no other reasonable choice except to leave your job. Some examples of "good cause" are:

• Reasonable fear for health or safety. Example: You quit because your working conditions caused you to get sick. Although you asked, your employer would not change your job or those conditions.

• Abusive working conditions. Example: You quit because of repeated verbal abuse by your boss. You took steps to stop the abuse, but your boss would not stop.

• Employer fails to pay wages and employee tried to get paid, or employer repeatedly pays wages late or pays with checks that bounce.

Here's how you appeal:

The initial DES decision is called a "Determination of Deputy." This means that DES has made a decision or "determination" about your claim. There are several reasons DES may deny your claim. For example, DES may find that your employer fired you for misconduct. You have the right to appeal any decision made by DES that finds you cannot get unemployment benefits. To appeal means that you ask DES to review its decision. The notice from DES that denies you benefits will explain your appeal rights. During an appeal, you may give DES more information to consider. There are several important things to know if you file an appeal.

• Filing Deadlines: You have 15 days from the mailing of the "Notice of Determination of Deputy" to file an appeal. The date that DES mailed the notice is in the upper‐right hand corner of the notice. Do not miss this deadline. If the 15th day falls on a weekend or holiday, then you have until the next work day. The date of the postmark on your appeal is the date it is considered filed. If you file late, you will have to show that you had "good cause" for missing the deadline. "Good cause" is only: (1) DES gave you wrong information or made some other error, (2) there was a delay by the post office, or (3) you changed your mailing address at a time when there was no reason to notify DES of the change. Do not wait until the last minute. It is always better to file early to avoid any problems.

• How to File an Appeal. You can file an appeal on‐line, by telephone, by mail or by fax.

1. On‐line: You can file an appeal on‐line at www.azui.com. At the end of the process, you should get a confirmation number. This number is ***** because it shows DES got your appeal. Print the confirmation page and keep it as proof of your appeal.

2. By Telephone: You can file an appeal by telephone. To do this, you call the number on the front of DES’ determination notice. The DES customer service representative will give you a confirmation number for your appeal.

3. By Mail or Fax: DES has a form called Request for Reconsideration/Appeal, Form UB 126, that you can use to file an appeal. You do not need to use the DES form. You can use any paper to file an appeal. You can either mail the appeal to the address or fax it to the phone number listed in the appeal rights section of the notice. This address or phone number may be different from the address and phone number on the DES letterhead. If you submit the appeal by fax, be sure to keep your fax confirmation sheet. If you mail the appeal, send it by certified mail so that you have proof you mailed it on time. You should call the DES Office of Appeals at (602) 347‐ 6344 to make sure your appeal was received

• What to Say in the Appeal. You do not need to make a long statement of why you disagree with DES' decision. In general, be careful what you write in the appeal. Keep what you say short, especially if you intend to get an attorney. You may want to say something like: "I disagree with the decision because DES made a mistake and I should get benefits under the law."

• Keep Copies of All Papers You Give DES.

• File Weekly Claims While Your Appeal Is Ongoing. It is important that you continue to file your weekly claims while you appeal. Even if you are not getting benefits, you need to file the weekly claims.

You can find more about appeals, the appeals process, etc... here: https://des.az.gov/services/employment/unemployment-individual/unemployment-insurance-benefits-appeals

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 9 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 9 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 9 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 9 months ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 9 months ago.

Was there anything else? Again, please note that this question remains open until you rate it 3 or more stars on your screen.

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