Meeting Your Challenges to Receive the Benefits you Deserve
- By Unemployment Advisor
- Published 09/26/2008
Unemployment Advisor
My mission as your Unemployment Advisor is to guide you through this complex system and provide you with the information and answers you need to win your unemployment insurance claim or appeal, despite the challenges and your ex-employer’s incentives and resources to use these legal loopholes and exceptions to protect themselves and deny you the benefits you deserve.
I often call unemployment
insurance an ‘entitlement,’ because it is based on meeting the legal
requirements (which you’ll read in detail in the e-book). If you meet the eligibility requirements
established by your state and comply with the rules of your state (all states
are listed with direct links in the e-book), you should be ‘entitled’ to
receive these funds.
Unfortunately, the number and variety of arguments your ex-employer can and will make to the state agency to deny your claim, or disqualify you after your benefits have been approved, may surprise you.
My mission as your Unemployment Advisor is to guide you through this complex system and provide you with the information and answers you need to win your unemployment insurance claim or appeal, despite the challenges and your ex-employer’s incentives and resources to use these legal loopholes and exceptions to protect themselves and deny you the benefits you deserve.
For example, there are various reasons for ‘disqualification’, such as: quitting work with a reason, or being terminated due to ‘willful misconduct’ or based on a labor dispute. Your application can be automatically disqualified if you are an illegal alien, you make false statements, or you already receive unemployment benefits from another state.
One of the biggest challenges is receiving benefits after you are forced to quit your job or told you have choice – resign or be fired. While you may be eligible for benefits, you will have to prove that the (ex)-employer made it extremely difficult for you to not quit. (These often result in ‘hostile work environment’ lawsuits).
Another example is when you quit your job, but need to prove what you know to be true – that you had a good reason for quitting. Your ex-employer will provide its own version of why you quit, which is often very different from your version, then makes matters worse by stating that your statement is false. The employer’s answer defeats your answer (the agency must accept the employer’s version over yours) and deny you the benefits you seek.
You can even be disqualified after you have been approved, if you: do not comply with the rules to apply for and accept ‘suitable employment’, or make false statements to the state unemployment agency. These types of scenarios often arise in worker’s/plaintiff’s lawsuits charging hostile work environment, harassment, discrimination, and related labor and employment law claims.
Unfortunately, the number and variety of arguments your ex-employer can and will make to the state agency to deny your claim, or disqualify you after your benefits have been approved, may surprise you.
My mission as your Unemployment Advisor is to guide you through this complex system and provide you with the information and answers you need to win your unemployment insurance claim or appeal, despite the challenges and your ex-employer’s incentives and resources to use these legal loopholes and exceptions to protect themselves and deny you the benefits you deserve.
For example, there are various reasons for ‘disqualification’, such as: quitting work with a reason, or being terminated due to ‘willful misconduct’ or based on a labor dispute. Your application can be automatically disqualified if you are an illegal alien, you make false statements, or you already receive unemployment benefits from another state.
One of the biggest challenges is receiving benefits after you are forced to quit your job or told you have choice – resign or be fired. While you may be eligible for benefits, you will have to prove that the (ex)-employer made it extremely difficult for you to not quit. (These often result in ‘hostile work environment’ lawsuits).
Another example is when you quit your job, but need to prove what you know to be true – that you had a good reason for quitting. Your ex-employer will provide its own version of why you quit, which is often very different from your version, then makes matters worse by stating that your statement is false. The employer’s answer defeats your answer (the agency must accept the employer’s version over yours) and deny you the benefits you seek.
You can even be disqualified after you have been approved, if you: do not comply with the rules to apply for and accept ‘suitable employment’, or make false statements to the state unemployment agency. These types of scenarios often arise in worker’s/plaintiff’s lawsuits charging hostile work environment, harassment, discrimination, and related labor and employment law claims.