Employment Law

I have an unemployment appeal as I failed to report that i…

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I have an unemployment appeal...
I have an unemployment appeal as I failed to report that i refused a job offer. It was my former job that I worked full time. After pregnancy leave, I contacted them but they had no position. Later they called for PT position...which I turned down as it was a 4 hr shift, a few days a week, and... Read full answer
I have an unemployment appeal as I failed to report that i refused a job offer. It was my former job that I worked full time. After pregnancy leave, I contacted them but they had no position. Later they called for PT position...which I turned down as it was a 4 hr shift, a few days a week, and aXXXXXone way. I felt it was not equivalent in nature to what I did before, not a reasonable offer of employment, and it was less than 20hrs. I failed to report it. Not intentionally, I honestly forgot. I also thought it was a conflict of interest as I worked for the unemployment office and would still be drawing unemployment if I were to work PT. I continued to certify, and they continued to pay. Strategy?
Submitted: 7 years ago.Category: Employment Law
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Answered in 41 minutes by:
10/26/2011
Employment Lawyer: ScottyMacEsq, Lawyer replied 7 years ago
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 20,761
Experience: Licensed Texas General Practice Attorney
Verified

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Every state is slightly different, so could you tell me what state this is in?

Customer:

Tennessee

ScottyMacEsq :

How long were you unemployed when you turned down that job offer?

Customer:

I was hired Dec 1 2010 and left end of Feb for pregnancy

Customer:

I had to sign a resignation...per my HR director

ScottyMacEsq :

And the refusal was at the time you left for pregnancy? That is, you were offered it at that time, or when you returned? And when did you return?

Customer:

I had the baby mar 23 and 4 weeks later I had dr release. I attempted to contact her at least 3 times to let her know I was released and available to work. She never contacted me at that time. She contacted me about 5 weeks later about a PT position.

ScottyMacEsq :

And you were drawing unemployment from the time that you were released?

Customer:

From the dr's release yes. I had to provide a copy to unemployment

Customer:

Our unemployment handbook states we have to be able available and seeking work at minimum of 20hrs per week. She wasnt offering 20 hrs per week

ScottyMacEsq :

Thank you. One moment please while I research this, and will get back to you shortly...

ScottyMacEsq :

Can you tell me if what you would have received under the part time job offer would have been greater than the amount that you receive in unemployment benefits?

Customer:

No I would not have surpassed my weekly benefit amount

Customer:

My base was 275 per week

ScottyMacEsq :

Basically to continue to be eligible for unemployment you cannot have refused "suitable" work. The definition of "suitable work" in Tennessee is "a job where the weekly wage is greater than the weekly benefit amount of unemployment". The key is to show that this job offer was not suitable work because your benefit amount is greater than the weekly wage. That is, you would not have been denied unemployment if you had reported it, and therefore no actions should be taken against you for what amounts to a harmless oversight on your part.

Customer:

thanks. I can do that. All pt shifts are 4hours. at 5 days a week at most it would be 20 hours and still less than my WBA.

ScottyMacEsq :

The key is to argue that unemployment benefits can only be denied in certain situations, none of which have occurred here. Again, the reporting, while you should have done it, was harmless, and would not have resulted in any change one way or the other. Again, stress that it was not done intentionally, but merely by oversight (that you forgot).

ScottyMacEsq :

If you do not win this appeal, I would suggest speaking with an attorney in your area that handles unemployment appeals cases. That being said, you need to contact an attorney in your area that deals with unemployment cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacEsq :

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 select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

Customer:

Thanks. I will accept.

ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 20,761
Experience: Licensed Texas General Practice Attorney
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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