I was fired from my job on March 30 2011 and just found out today (June 1 2011) that I am going to get my unemployment but was told I would not receive any back pay for the 8 to 9 weeks I've been waiting, yet some other employees that were let go around the same time are getting back pay. Why is this, and should I file another appeal for the back pay? Will it affect the unemployment I am suppose to start receiving on June 20th 2011? Not sure what to do. I was counting on that back pay to catch up my rent so I could avoid eviction. Thank you so much for you help and advice.
Employment / Labor Attorney
It sounds like you were disqualified for benefits for 9 weeks. You can tell by looking for the statement referring to disqualification at the top of the document called "Determination of Adjudicator." If you want to challenge the determination, then you need to appeal. At the bottom of the Determination there is an explanation of how to appeal and a deadline to appeal. You must not miss the deadline. The disqualification for 9 weeks is because the Employment Security Commission determined that you were at "substantial fault" for the discharge. This means that, while you did not engage in misconduct, you did engage in conduct that you should not have engaged in and therefore are disqualified for a period which is usually 9 weeks. After you file an appeal, you will receive a notice of hearing with a date and time, usually by phone, for you to present your case. Three things can happen at the hearing. One, the ESC Hearing Officer for your case could remove some or all of the 9 weeks of disqualification. Two, the Hearing Officer could conclude that 9 weeks was the correct determination. Or, three, the Hearing Officer could make the disqualification period longer or even completely disqualify you from benefits.
This response is for general informational purposes and does not constitute legal advice. If you need legal advice, please contact a lawyer in your state who practices in the appropriate area. Additionally, this response does not create an attorney client relationship.