my former employer appealed my unemployment benefits, what do i do?

Question

my situation is a little different than most of the q's ive already read here,

i was working with my company for a year and they closed my location here. i was told transferring would be an option, if not i'd be eligible for unemployment. well i tried contacting my district manager for nearly 3 months leading up to my store closing to find out about transferring, and i didn't hear back until a week before we closed. i was given the option to work in a store 50 minutes from here. i agreed to it, because i felt backed into a corner and was running out of time. regardless, i did accept the position. the original plan i was offered by the store manager was to work 3 12 hour days to cut back on travel time and gas money. the district manager said no. so 4 days was the compromise. i started working in the store and was scheduled 5-7 days a week for the next three months (i only worked there for one, but the schedule was made). it was costing me around $20 a day in gas

in gas to get there. and it was a commision based job in a not so affluent area. so i quit because i literally could not afford to work there. now hr is appealing it after i was already approved and i just dont know how to approach this whole hearing thing. if i lose, i'd have to pay back the money, which im in no financial position to do. i mean, when i quit, my boss wouldnt even discuss it with me. it was a horrible experience. i can't afford to lose.

also, just to clarify, i already had my telephone hearing and the man said i was eligible. they just have the give the employer a chance to appeall, and in this case, they did.

Answer 1

Unfortunately when you quit a job, you are not eligible for unemployment. I understand why you quit, but that won't work in this situation. You were working in an unsafe environment, and there was no harrasment.

Unless you have in writing that they agree to a 4 day week, you are at the mercy of the manager creating the schedule. When you state the cost of gas was why you quit, the response is most likely going to be why didn't you get a bus pass or carpool.

Before the hearing, write down the situation and document as much of it as you can (ie on this date at this time, Jane Doe agreed that I would be scheduled to work 4 days per week at 10 hours per day). The more professional you look when you appear, the more likely it is that the judge will work with you. Go to the Dept of Labor website for your state and see what exceptions to quitting they make. Can any of them work for you.

In some states, if you lose, the judge may rule that you need to pay back little or no money or they may schedule it so that your payments do not start until you find a new job.

Good luck.

Answer 2

Generally if YOU quit you do not collect benefits unless you can prove an unworkable environment. There is one thing in your situation which may work in your favor - that is, you can prove that the pay at the new job was substantially lower than the pay you had received. Don't complain about the time and cost of commuting as these are NOT actionable reasons to leave a job and still be elegible for unemployment.

Answer 3

Unfortunately, when it comes to unemployment, employers have the advantage.

Go to the hearing, bring along all relevant paperwork and hope for the best.

I hope you're looking for another job, regardless?

Answer 4

Generally, the worker must be unemployed through no fault of his/her own (generally through lay-offs).
Sorry but if you quit, that means it was your choice. it wasn't an employer decision.