Unemployment Appeal

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Latest post 07-30-2010 9:34 AM by cbg. 12 replies.
  • 07-29-2010 12:28 PM

    • Elisabet
      Consumer
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    • Joined on 07-29-2010
    • IL
    • Posts 4

    Unemployment Appeal

    Hello,

    I was terminated on April 27th and immediately applied for and started receiving unemployment benefits.  During that time, I traveled to Chile to do relief work in an earthquake struck region.  I was planning on staying from May 19th to June 10th and ended up extending my time there until the 29th of June.  When I returned, I got a letter from unemployment for a face to face interview.  That was this Monday.  They apparently had gotten an anonymous phone call stating that I was out of the country while on unemployment.  This is supposedly a violation of Section 500C:

    During the week, he is able to work, available for work and actively seeking work. (Section 500C and 56 Ill. Adm. Code

    2865.125)

    An individual is presumed to be unavailable for work if:

    a. After his separation from his most recent work, he has moved to and remains in a locality where job opportunities for

    him are substantially less favorable than those in the locality he has left. (Section 500C3)

    b. His principal occupation is that of a student in attendance at, or on vacation from, a public or private school.

    However, an individual enrolled in and attending a Department approved training course may, under specified conditions,

    be considered available for work. Such an individual will not be required to seek work and will not be disqualified under

    Section 603 for work refusal.(Sections 500C4 and 5)

     

    I was not in the right to state that I was available for work while overseas and therefore, I am waiting upon a letter as to how much I have to pay back.  Section 500C does not state what AVAILABLE means.  If I had received a phone call or an email for an interview, I would have gladly returned.  I was still applying online as if I was at home in the state of Illinois doing the same thing.  What if I had been in Texas with a dying relative?  Also, there is nothing that states that I have to be available for work in the US.  Perhaps I was looking for a job in Chile or in South America?  Or in Europe? 

    My question is:  What kind of case do I have here to appeal this?  I really do not want to pay back anything and I really don't want this to follow me in the state of Illinois.  Any advice that someone can help me with would be greatly appreciated.  Or, perhaps a lawyer I can speak with.

    Thank you,

    Elisabet

     

     

  • 07-29-2010 12:50 PM In reply to

    Re: Unemployment Appeal

    You were in a foreign country for two months. You were not available for work by any stretch of the imagination.

    Elisabet:
    If I had received a phone call or an email for an interview, I would have gladly returned.

    Really? When?

    If somebody called you with a job and you had to report for work the following morning, you wouldn't have made it. That constitutes refusing the offer of work and disqualifies you for benefits.

    Elisabet:
    I was still applying online as if I was at home in the state of Illinois doing the same thing.

    "Further, making a general search for possible jobs via the Internet...do not constitute a genuine and realistic attempt to rejoin the work force."

    Above quoted from IL DES v Loud:

    http://www.bobroffhesse.com/library/pdfs/ColumbiaQuarry-Loud-IDES_Appeal_Referees_Decision_052908.pdf

    Oh, but Loud was disabled, you say. Irrelevant. The finding was that he was unavailable for work as you were.

    Frankly, I don't think you are going to win this.

    If you want to talk to a lawyer, use the lawyer directory to the right, google, or your local yellow pages to find a lawyer who specializes in unemployment law and give him/her a call.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-29-2010 1:07 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,249

    Re: Unemployment Appeal

    The story you post sure suggests you were not available for work or seeking work but were engaged in other activities.

    Now had you structured your trip abroad with more care--perhaps  you might make a point that you had been seeking work abroad with bnafide interviews etc as well as at home (electronically) blah blah and made it sufficiently muddy--but I don't see it as you post it.



  • 07-29-2010 2:52 PM In reply to

    • Elisabet
      Consumer
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    • Joined on 07-29-2010
    • IL
    • Posts 4

    Re: Unemployment Appeal

    Thank you to both Adjuster Jack and Drew:

    I suppose I don't have much of a case, but I do have an appointment with a lawyer on Monday.

    Since you've both posted, I got my 'letter' I had been waiting on.  They have charged me for the first two weeks as well, of which I was still in the US.  I should have to pay back that, right?

    Also, each two week pay period had $107 witheld as tax, which I had elected to have done when I originally filed.  Now, shouldn't I be only paying back the net amount? And not the amount pre-tax?

    Thanks again,

    Elisabet

     

     

     

     

     

     

     

  • 07-29-2010 2:59 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,249

    Re: Unemployment Appeal

    If you were available and looking for work first two weeks you should not lose that point.

     

    Once you returned and were activley looking and available et al you should be back on UC?

     

    Not wise to spend say $900 to defend a bad point?



  • 07-29-2010 4:02 PM In reply to

    Re: Unemployment Appeal

    Did this absence occur in the current calendar year?

  • 07-29-2010 4:16 PM In reply to

    Re: Unemployment Appeal

    Elisabet:

    Also, each two week pay period had $107 witheld as tax, which I had elected to have done when I originally filed.  Now, shouldn't I be only paying back the net amount? And not the amount pre-tax?

    You pay back 100% of the benefit.

    Whatever went to the IRS (and/or state) you'll get refunded when you file your tax return. If you think the withholding is going to result in a substantial overpayment, you can adjust your W-4 at your next job to withhold less and try to break even by the time you do your taxes.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-29-2010 4:23 PM In reply to

    • Elisabet
      Consumer
    • Not Ranked
    • Joined on 07-29-2010
    • IL
    • Posts 4

    Re: Unemployment Appeal

    Yes Patty it did.  I just received my letters today and set up a meeting to speak with the free legal advice provided on Monday.

  • 07-29-2010 4:24 PM In reply to

    • Elisabet
      Consumer
    • Not Ranked
    • Joined on 07-29-2010
    • IL
    • Posts 4

    Re: Unemployment Appeal

    Thank you. 

  • 07-29-2010 9:04 PM In reply to

    Re: Unemployment Appeal

    Cyber_Flyer:

    "Further, making a general search for possible jobs via the Internet...do not constitute a genuine and realistic attempt to rejoin the work force."

    If I understand the OP correctly, the OP was applying for jobs by sending resumes to specific employers. Such action is much more than "making a general search for jobs via the Internet" and does qualify as actively looking for work.

    Agree, BUT I find it very hard to believe she could show up for an interview Friday morning at 8 a.m, if they called her at 4:30 Thursday afternoon. 

  • 07-29-2010 9:23 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,249

    Re: Unemployment Appeal

    If you were out of area but have a credible track record of sending out letters/resumes to prospective employers you might make the point that you were actively seeking work.

    You'll need to be credible and not step into bear traps about being available for interviews and work.

    Rarely at a mangement level did I ever get an interview scheduled in less than 2-3 days ---so in theory one could get from remote poitn A to local point B in 3 days!  But be careful how you posture it.

    To be off on some social service mission may sound like"unavailable to work."

    If you have a lot riding on the outcome--I reverse my comments--you'd better use competent labor law counsel.



  • 07-30-2010 9:34 AM In reply to

    • cbg
      Consumer
    • Top 25 Contributor
    • Joined on 12-22-2000
    • MA
    • Posts 6,714

    Re: Unemployment Appeal

    FYI I once submitted my resume Tuesday, was phone screened on Wednesday, had an in-person interview Thursday, was notified that I had the job Thursday afternoon, and was on the job Friday morning at 8:30 am.

    It does happen.

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