Unemployment Compensation- Alabama

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Latest post 12-29-2011 8:34 PM by Paddywakk. 15 replies.
  • 12-26-2011 11:45 AM

    • Amanda75
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    Unemployment Compensation- Alabama

    I was terminated from employment a day after I had a child. I was denied unemployment benefits, because the employer disputed the unemployment claim. As part of the settlement the employer has agreed not to dispute unemployment claim. However, I am now employed, but believe I deserve unemployment for the time I was denied. Can I claim unemployment for the period I was denied?

  • 12-26-2011 11:55 AM In reply to

    Re: Unemployment Compensation- Alabama

    Amanda75:
    Can I claim unemployment for the period I was denied?

    Can you claim it?  Yes.  The problem is you have a limited time to appeal the initial denial and once that expires you are forever time barred from claiming or appealing the benefits.  In most states the window is as short as 14 days from the decision.  The letter of denial sent to you by the state typically lists the day the appeal must be post marked by or received directly at an UI office.  

    If you missed that window to appeal it is likely too late to do so now.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 12-26-2011 11:59 AM In reply to

    Re: Unemployment Compensation- Alabama

    I'm not sure what you are trying to accomplish here.

    If the UI agency denied you benefits based on the facts it doesn't matter that the employer agrees not to dispute your claim later. The facts aren't going to change.

    And what "settlement" are you referring to?

    If you "settled" a wrongful termination claim without going to court and getting a judgment, the "settlement" has no bearing on the decision of the UI agency.

    Your going to have to provide a better explanation of what happened.

     

     

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  • 12-26-2011 12:53 PM In reply to

    • cbg
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    Re: Unemployment Compensation- Alabama

    You would not be entitled to unemployment benefits for the time you were medically unable to work, regardless of whether the employer contested or not.

    Many people appear to think that as long as the employer does not contest, UI benefits will automatically be granted. That is not the case.

  • 12-27-2011 12:15 PM In reply to

    Re: Unemployment Compensation- Alabama

    As part of the settlement the employer has agreed not to dispute unemployment claim.

    It's entirely possible that the employer didn't contest the claim.  The State decides who receives UC benefits under its relevant statutes and you are not eligible for unemployment benefits for the period of time you were medically disabled due to the birth of your child.  That has nothing whatsoever to do with your employer.

    but believe I deserve unemployment for the time I was denied.

    You'd be wrong.

    Can I claim unemployment for the period I was denied?

    You can't re-claim for the same period of time. You previously filed a UC claim for that period of time and the State determined you weren't eligible.  End of story.

  • 12-28-2011 11:03 AM In reply to

    • Amanda75
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    Re: Unemployment Compensation- Alabama

    I already appealed, but dropped it without prejudice, due to another lawsuit.

     

  • 12-28-2011 11:07 AM In reply to

    • Amanda75
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    Re: Unemployment Compensation- Alabama

    You need not reply to my post, if you are going to make assumptions. I had a discrimination lawsuit. I already appealed the unemployment, but dropped it without prejudice, due to the lawsuit.  I am far from stupid, I am currently working on my masters, in criminal justice. I was not posting this question to get a response from a consumer, but rather from a lawyer.

  • 12-28-2011 11:11 AM In reply to

    • Amanda75
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    Re: Unemployment Compensation- Alabama

    I had a doctors excuse, that said I could work, because my job was not physically demanding. Please do not reply to my question. I am in graduate school, in criminal justice. I do not need consumers to add their input in on my situation. I am looking for a lawyer, and you do not seem to be one of those. Oh yeah, and never make assumptions, because you make yourself out to be a real fool.

  • 12-28-2011 11:14 AM In reply to

    • Amanda75
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    Re: Unemployment Compensation- Alabama

    Please do not reply to my questions, because you are not a legal professional. You have the slightest idea, what you are talking about. You make so many assumptions. If you want to know ask, do not assume, because you make  yourself look foolish. You do not know the details, please do not answer. Besides I am looking for an answer from a lawyer, and you are obviously not one of those.

  • 12-28-2011 11:20 AM In reply to

    • Amanda75
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    Re: Unemployment Compensation- Alabama

    Just to let you know, the employer did contest the claim. The employer said that I voluntarily quit, and I said I was fired. The Department of Industrial Relations sided with them, and said I voluntarily quit. The Department of Industrial Relations would have sided with me, if my story, was the only story. I know the law and do not need the help of consumers, because I am more advanced than a normal layman. Your post did not help in the least sense.

  • 12-28-2011 11:22 AM In reply to

    • Amanda75
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    Re: Unemployment Compensation- Alabama

    Please never reply to my post ever again, because you have the slightest idea, what you are talking about. Hope you do not leave these post very often.

  • 12-28-2011 12:26 PM In reply to

    • cbg
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    Re: Unemployment Compensation- Alabama

    When you post on a public board, you do not get to pick and choose who responds. An HR professional, such as Beth (or myself for that matter), knows more about how unemployment works than, say, a real estate lawyer or a family law attorney.

    So your doctor said you were able to work a day after giving birth? Sounds like time for a new doctor.

    Check out the section on non-separation eligibility issues (pages 11-12 specifically)

  • 12-28-2011 2:30 PM In reply to

    • Amanda75
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    Re: Unemployment Compensation- Alabama

    See assumptions again, my doctor said I could do limited work. The work I was doing was not physical. It consisted of sitting in a car, and no other activities.  My doctor said I could sit in the car for 4 hours a day.  Now I have just or more knowledge of the law, than say Beth. I am working on my masters in criminal justice. I really do not need advice from a lay person. Especially a receptionist. Good Day.

  • 12-28-2011 2:42 PM In reply to

    Re: Unemployment Compensation- Alabama

    Amanda75:
    I am working on my masters in criminal justice.

    Based on your follow up responses here the only thing I can see that you are working on mastering is being rude.  Having a degree in criminal justice does NOT equate to a law degree.  However, if you are so convinced that you know more than everyone else why bother to come to a legal forum?

    Amanda75:
    I really do not need advice from a lay person.

    If you want specific advice from an attorney you will have to pay one for a consultation.  Site rules prohibit giving specific legal advice and the attorneys who do volunteer their time here generally do not respond when the see the antagnostic and rude replies from the OP such as yours.  They have better things to do with their valuable time.  Especially when you insult HR professionals with far more employment law experience than you have.

    Best of luck to you and your new baby.  You will both need it.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 12-28-2011 3:44 PM In reply to

    • cbg
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    Re: Unemployment Compensation- Alabama

    No one who has answered your thread is a receptionist.

    I absolutely do not believe that your doctor told you that you could work the day after you gave birth, even if your work DID consist of sitting in a car for four hours.

    Did you even look at the link I provided? I thought not.

    An unfinished masters degree in criminal justice does not trump 30 years of on the job experience with employment law. However, since you have made it clear that you believe you know more than anyone else, we'll leave you to your own devices. Obviously you did not come here for real information, but only to have someone rubber stamp your own beliefs.

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