I just found out that I was denied an Unemployment Insurance claim and will be appealing the decision. After reading the U/I laws, it says in Section 1327 that my former employer has to submit a written response as to why I don't deserve my benefits. In order to better write my appeal, I need to know what was written about me, and what they are claiming I did. Do I have the right to get this information, and how do I do so?
2007-09-20 16:24:05 · 4 answers · asked by Erik U 2 in Politics & Government ➔ Law & Ethics
I just found out that I was denied a California Unemployment Insurance claim and will be appealing the decision. After reading the CA U/I laws, it says in Section 1327 that my former employer has to submit a written response as to why I don't deserve my benefits. In order to better write my appeal, I need to know what was written about me, and what they are claiming I did. Do I have the right to get this information, and how do I do so?
2007-09-20 16:42:18 · update #1
Go to your local unemployment office and ask to see a copy of what your former employer submitted. You may have to wait until a Benefit Rep. becomes available, but they will let you know what it is.
2007-09-20 16:56:13 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
According to the Dept. of Labor website,
"Disqualification from Eligibility
If your reason for separation from your last job is due to some reason other than a "lack of work" - a determination will be made about whether you are eligible for benefits.
Generally all determinations of whether or not a person is eligible for benefits are made by the appropriate State under its law or applicable federal laws.
If you are disqualified/denied benefits, you have the right to file an appeal. The State will advise you of your appeal rights. You must file your appeal within an established time frame. Your employer may also appeal a determination if he/she does not agree with the State's determination regarding your eligibility. "
You will have to check with the State appeals office to determine the rules regarding access to information. Sorry. I so wish Yahoo! would post some sort of pop-up at Law & Ethics to tell askers that law is geographically sensitive. You have to say where you are to get a more satisfactory answer.
Good luck and much sympathy. What kind of karma would it attract, one wonders, for an employer to appeal a person's claim for paltry UI? Ew! Only in America, land of the free, home of the brave, huh?
2007-09-20 16:39:36 · answer #2 · answered by Anonymous · 1⤊ 0⤋
you're saying you are able to not prepare that the corporate is mendacity - and that i assume meaning they are saying you stop on your very own. the load of evidence lies on you in an attraction to offer the unemployment place of work with information that that help the type you're out of artwork "through no fault of your very own". ordinary circumstances contain layoffs, artwork low value rates, agency final. much less ordinary circumstances contain issues like being asked to stop for overall performance or different reasons, and each now and then it particularly is exhibiting the state that the working circumstances became so complicated that "a sensible guy or woman" may well be compelled stop. with out understanding why you have been fired it fairly is complicated to offer you the different direction.
2016-10-19 06:49:46 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Because they have all of your misconduct documented. The time you spent surfing the web, all the boogers you plastered to the underside of your desk, the time you took a nap in the toner closet, the time you took a dump in the lobby fern, the time you whizzed in the half empty coffee pot...even the time you stole donuts from your boss's desk.
It's a wonder they didn't fire you earlier.
2007-09-20 16:31:26 · answer #4 · answered by Anonymous · 1⤊ 3⤋