Employment Law

I was deemed eligible for out-of-state unemployment ins but ...

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I was deemed eligible for...
I was deemed eligible for out-of-state unemployment ins but the state I worked for that discharged me for not passing a competency exam with a 90% or higher is appealing the decision and is now claiming I should not be eligible. (I got a 89% and was challenging a couple of questions due to the... Read full answer
I was deemed eligible for out-of-state unemployment ins but the state I worked for that discharged me for not passing a competency exam with a 90% or higher is appealing the decision and is now claiming I should not be eligible. (I got a 89% and was challenging a couple of questions due to the wording before I knew my final score). The hearing is set for 4-10 and I''m confused because the adjudication team felt it was not a discharge of misconduct and the employer originally did not say misconduct but now the appeal letter seems to be indicating it(by using other words). This employer originally did not indicate misconduct. more to follow below - sorry about that.Customer
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Answered in 3 hours by:
4/7/2008
Anne_C
Anne_C, Lawyer
Category: Employment Law
Satisfied Customers: 2,302
Experience: 15 Years Litigation Experience
Verified

Dear XXXXXtta, Georgia:

I'm a little confused about what happened in what state. Can you give me a time line -- what state did you work in, from what time to what time? And where do you live now?

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Customer reply replied 11 years ago
Reply to Anne_C's Post: I live in Georgia now. Lived and worked in Nevada up until last September.   I got a job at a non-profit hospital and was employed from October thru the end of Jan when I was discharged for failing to pass a competency exam with a passing grade of 90% or better. It was determined that I was eligible in Nevada where I had earned the qualifying worked base quarters having been denied in Georgia due to not working the required time to be eligible for compensation through GA. There was an eligibility process done through the State of Nevada where they interviewed and investigated my discharge for the Employer in which I worked for approx 3 mos. It was determined with the information that both I and my Employer in GA provided the interviewer in Nevada that I was not discharged due to misconduct resulting in me being eligible for unemployment benefits to be paid by the State of Nevada. It was after the written results had been received by the Employer who discharged me in Georgia that they submitted an appeal to question the eligibility due to what they now feel is misconduct since misconduct does not constitute eligibility. My question is by what means can they expect the decision to be turned around by this hearing? In their letter of appeal they stated that due to my not being able to pass this test, that was up for challenge by me, I was obviously unfit to do my job. Ouch I say but getting back to my main concern. I am concerned about this due to the fact that all the documents that I have from my employer who discharged me and the investigative decision made by Nevada Dept of Labor all indicative that I was not discharged due to misconduct, but it seems that the employer is now appealing the decision to say it is misconduct. Confusing. Do you better understand what information I am trying to obtain?
My hearing is via telephone on Wednesday. Thank you in advance and do let me know if I have made myself clearer. Customer

Dear XXXXXtta, Georgia:

I agree with you. As painful as not passing the test must be, that does not mean that you were discharged for cause -- it means you were let go because you were not qualified for the position. Your situation is what unemployment benefits are for.

To deny you unemployment insurance benefits, either those paid by Georgia or Nevada, you need to be discharged for cause. The reason for discharge has to be your fault. It certainly doesn't look like you did anything intentionally here, especially considering that you only missed qualifying for the position by 1 percentage point.

Here is a link to Georgia's Department of Labor Unemployment Insurance Benefits, if you need it: http://www.dol.state.ga.us/js/unemployment_benefits_individuals.htm. Here is a link to a Claimant's Handbook: http://www.dol.state.ga.us/pdf/forms/dol414.pdf. Here is a link to a book on the Appeals Process : http://www.dol.state.ga.us/pdf/forms/dol424b.pdf.

Keep in mind that sometimes employers will appeal unemployment benefits, just because it really doesn't cost them anything to do so -- and if the person receiving the benefits doesn't appear at the hearing, they will win.

Anne_C
Anne_C, Lawyer
Category: Employment Law
Satisfied Customers: 2,302
Experience: 15 Years Litigation Experience
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Customer reply replied 11 years ago
You, Anne, are a God-send to me and I truly appreciate your prompt response that has resulted in easing my concerns. I was so taken back about this when I received it and my initial response was the feeling my character, integrity, and merit was being attacked. I realized that I shouldn't be taking this as a personal attack and that it was only a business decision to appeal but this still hurt me.
I appreciate you in sharing your knowledge with me regarding the appeal and I truly thank you very much. Respectfully,Customer
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