. Husband's Uuemployment Comp Problem

Updated on March 21, 2015
H.K. asks from Nescopeck, PA
4 answers

My husband was to be laid off the end of last year (2014). So late in Oct. and early Nov. he filed for a couple of partials and for a partial waiting week instead of losing a whole week when he was totally off. Now unemployment called him and said the employer didn't agree with the earning he reported for these partials, he had worked a full week. We have two of the hour sheet my husband used to apply for the partials. These were essential because he gets paid every 2 weeks and the paystub does not separate weeks. We received a phone call from unemployment stating what happened, My husband said how when I have the hours sheet right here, The woman said you will the paperwork and it will explain it all. The first paper came on Monday and it said for the weeks ending Oct. 25 and Nov. 8. We have the time sheet for Oct 25 but the Nov 8.Yesterday we get a determination paper stating he owes 325.00 for a waiting week ending Nov 8 and the first week he was off ending 12/20.They said he was at fault. The penalty will be he will not be able to collect for 2 weeks and for one week for each week he misquoted his paycheck amount. He asked his job about this and the secretary said unemployment requested all his paperwork from the end of 2013-14 to see if he screwed that up too. How can this be \?. He used the hours sheet printed for him by his supervisor and then multiplied by he hourly rate. He didn't lie or use the wrong amounts , we would pay the money back but isn't that admitting he's guilty, and he do anything wrong. He can appeal it but he may get fired if he does. I can make the household bills out of my check but he pay child support and med. insurance. Anyone know anything about UC benefits? We were told there is no winning by a few people. but if we let it go a pay it will it haunt us later. Please any help if you can make sense out of what I'm saying. Thanks H.

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So What Happened?

My husband is still working for this company on a fulltime basis. He was given a letter stating that he would be laid off in Dec. It was only for 3 weeks and he only filed for 2 maybe 3 partials with some being on his last claim and the new claim being open in Nov. I know my post was hard to read but I was upset. We don't abuse the system, but would like to know we can use it when we need to. We are going to hopefully se a lawyer about this. The big question is if we file an appeal his boss will most likely knit pick on everything and fire him in a couple of months If we don't then my husband's name is crap with unemployment in the future. Thanks for taking your time. appreciate it more than you know H.

More Answers

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S.B.

answers from Dallas on

The unemployment compensation laws are different in each state. But I have found that on the website, there are usually examples of correct filings and incorrect filings and Frequently Asked Questions. You are responsible for filing correctly, perhaps some of this info would have helped you. It sounds like he did file before the "waiting" week. However the partial weeks filings have me a little concerned about what the definition of a partial week is, whether you have to wait a week before filing for a partial and other questions. If you have actual time sheets I would present that to the worker's comp board and ask for a reevaluation of that part of your claim after you carefully review their site. Good luck.

2 moms found this helpful

W.W.

answers from Washington DC on

I found it VERY hard to read your post. I'm sorry. If he's unemployed - how can he be fired?? If he has his time sheet how can the unemployment office say it's wrong? How can his former employer state it is wrong now? Did they not pay him off that??

Please contact an employment lawyer. Rules and laws are different in each state.

Good luck, H..

1 mom found this helpful
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C.W.

answers from Santa Barbara on

I'm in California so it may be different. You are let go from your job for whatever reason (sounds like December for your hubby), there is a mandatory one week without UI pay, a telephone interview while the first forms are sent to prove he has been daily looking for work. The quarter they will determine the pay is from the previous year...usually 12-15 months. I believe he filed too early while he was still employed.

It sounds like UI trusted he was completely out of work from October, there is even the question "Did you work at any time with or without pay"? He worked but was anticipating a layoff, that doesn't count here. You must finish out the job, wait the week and then it starts up. Sounds like he was hoping to double dip and UI found out.

It's been several months since he was let go and I hope he has some irons in the fire for a new job. He will need to look for a new job as if it is his full time job. Best of luck.

1 mom found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

G.B.

answers from Oklahoma City on

I still have no idea.

He was employed full time. He was informed he was being laid off in December.

It ended up only being for 3 weeks then he went back to work full time.

If he's working full time he's not eligible for unemployment.

If he's NOT working full time then he might qualify.

The fact that you're worried about him not being able to pay child support and stuff since he'll have no income is confusing.

If he's working full time for the company and trying to receive unemployment benefits and getting them some weeks but now not getting them for 4 weeks....

This sounds wrong. If he's working he doesn't get any unemployment benefits. If he's not working and is sitting at home every day that's when he should be applying.

My husband got laid off and was still able to earn a hundred or so a week without it changing his unemployment check. So he needs to find out how much he can earn by working at Walmart or McDonald's to supplement his unemployment benefits.

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