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ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 17113
Experience:  Licensed Texas General Practice Attorney
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I am a Pharmacist who worked from 4/2006 til

Customer Question

I am a Pharmacist who worked for Walgreens from 4/2006 til 2/17/2015. I did not file an unemployment claim until 5/31/2015 because Walgreens stilled owed me money because my last check was incorrect. They shorted me pay they owed me for 33 hours and only paid me for 33 minutes. I called HR several times and I was not coded off in the system so until that was done they were unable to help me. Therefore, I did not file claim until I was coded off on 5/31/15. When I filed a claim they said they would pay my benefits only from the date I filed and forward until I get a new job. During time 2/17 til 6/15 I went on 3 interviews. I was actively and willingingly able to work. I did get hired as a Pharmacist with Target and started on 6/15/2015. I only got hired PT 22 hours per week because that is the only position that was available. PT job was better than not working at all. The oh so nice lady on the phone stated that I needed to file the first day I was out of work which would of been 2/18/2015. I have worked since the 8th grade. I have never in my 36 years living filed an unemployment claim. I was not aware of all the special parameters involved. Unemployeement is saying I can file an appeal from 2/17/2015 til 5/31/2015. However, that claim will be denied because I did not call weekly to claim my benefits. Agaion not aware you had to do this. They have paid me 1292.00 for 2 weeks.
Submitted: 2 years ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 2 years ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. While you can file an appeal (that's your right) they're correct in saying that you would not win. The law is clear that benefits are paid only from when the application for unemployment is filed, rather than the date of unemployment. There's a principle of law known as "Ignorantia juris non excusat" (ignorance of the law is no excuse). In short it means that even though you didn't know what the law was or your requirements under the law, the law will still apply. So getting a lawyer would be a waste of time and money. You wouldn't win your appeal merely by stating that you didn't know that you had to file sooner. I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. 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 my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 2 years ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!