+ Reply to Thread
Results 1 to 12 of 12
  1. #1
    phantomdriver is offline Junior Member
    Join Date
    Sep 2005
    Location
    Sumter, SC
    Posts
    10

    denial of unemployment benefits

    "What is the name of your state?"

    Nevada is state at issue, but I moved from NV to SC in May so that I can start a branch of my brother-in-law's east coast fresh seafood and produce business. When my bro-in-law first asked me to go into business with him, my wif'e's sister and 93 year old mom lived near us in Las Vegas, so my wife wouldn't move away. But in Sept. 2004, they relocated to San Diego. My wife then said we should try to find a home on the east coast. In addition to the business proposal, the cost of living in Las Vegas was skyrocketing. We lived on a fixed income plus my part time job with a national real estate magazine publisher, where I started 6 1/2 years ago as a staff photographer. After searching properties up and down the southeast, we found a 7 year old home in Sumter for $55,000. It would have sold for $250,000 or more in Las Vegas. We had to grab it although the new business was some months away. I tried to get a transfer to an office in South Carolina, but there were no positions available. I started looking for work to tide us over until the business started up, but I am 71, have 2 degrees and was "overqualified for everything. An employment rep. of the SC Employment Security Div. told me it was next to impossible to find a job here. Even the help wanted ads were few.

    I filed for unemployment insurance in Nevada, as per the SC unemployment ins. dept. and was turned down as follows:

    1."You Quit to seek other work."
    2."You have not secured other work prior to filing your claim for benefits."
    3."To be eligible for benefits, you must have secured other work prior to filing the claim."

    NRS 612.380 lists '21 A.L.R 4th 317' as a reference for their decision, but I cannot seem to find the reference online and I don't believe we even have a law library in Sumter.

    I am a 71 year old disabled vet of the Korean era. Due to Hurricane Katrina, Iit is now difficult to afford the gas needed to seek employment. My sister-in-law, the wife of my bro-in-law just came down with Lyme Disease, so at the moment, we don't know how this will affect our plans.

    I very much need the help of someone out there who can point me in the right direction so I can overturn the arbitrary and capricious decision to deny my unemployment insurance.
    Last edited by phantomdriver; 09-02-2005 at 04:16 PM. Reason: To Complete This request for Assistance
  2. #2
    Crazed98 is offline Member
    Join Date
    Apr 2005
    Posts
    603
    Quote Originally Posted by phantomdriver
    What is the name of your state?What is the name of your state? South Carolina, but Nevada is state at issue.
    Please explain your situation.
  3. #3
    TCASWFL is offline Junior Member
    Join Date
    Aug 2005
    Posts
    14
    I know heree in FL when an UC claims in denied you have X number of days to contest the ruling request a hearing. That being said I don't believe that you will qualify for UC as they stated you left a job in LV to move to SC.

    Sorry I know it's not the answer you wanted to hear.
  4. #4
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    33,942
    The decision to deny you unemployment benefits was neither arbitrary nor capricious and it is quite unlikely that the decision will be overturned. In the vast majority of cases, if you quit, you do not get unemployment benefits, period.

    I'd like to direct your attention to #10 under Reasons That Are Work Connected on this link, which is to the Nevada Department of Employment, Training and Rehabilitation (the state unemployment office). You quit your job several months ahead of the start date of your new employment. Under the explanation provided by this link, there must be a firm and reasonably immediate start date if "good cause to quit" is going to apply. That is not the case here.

    [url]http://detr.state.nv.us/uiben/uiben_appeals.htm#Voluntary_Quit[/url]

    Neither your age, your disability, your veteran's status, your sister in law's health, nor the price of gas due to the hurricane, is sufficient reason to exempt you from the same rules that everyone else is required to follow.
  5. #5
    BelizeBreeze is offline Senior Member
    Join Date
    Jun 2004
    Location
    "Harvey and Me"
    Posts
    25,173
    Quote Originally Posted by cbg
    Neither your age, your disability, your veteran's status, your sister in law's health, nor the price of gas due to the hurricane, is sufficient reason to exempt you from the same rules that everyone else is required to follow.
    Hey CB, tell hubby to move over. I think I just fell in love with you
  6. #6
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    33,942
    Only now? You mean you've only been playing with me all this time?
  7. #7
    BelizeBreeze is offline Senior Member
    Join Date
    Jun 2004
    Location
    "Harvey and Me"
    Posts
    25,173
    Quote Originally Posted by cbg
    Only now? You mean you've only been playing with me all this time?
    foreplay dear
  8. #8
    phantomdriver is offline Junior Member
    Join Date
    Sep 2005
    Location
    Sumter, SC
    Posts
    10

    Employer owes in excess of $4,000 auto expense to employee

    I previously stated that I left my employer to move from NV to SC. However, the thing that finally prompted me to leave was the fact that I have to file a lawsuit against my employer for an amount in excess of $4,000 for back expenses, even though they realized that I was being underpaid and tried to correct it last April, but ignored my requests for payment retroactive to the date of employment. I have all of this in writing. The question then is "Can an employee reasonably be expected to remain with an employer when he has to sue them to get correct pay, especially when it is obvious that I would be fired anyway when I started making demands for correct reimbursements? It would seem that for a state to force an employee to remain with an employer under these circumstances would constitute an act that is "Against Public Policy."
  9. #9
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    33,942
    What you describe does not constitute a violation of public policy.
  10. #10
    phantomdriver is offline Junior Member
    Join Date
    Sep 2005
    Location
    Sumter, SC
    Posts
    10

    Public Policy

    I tend to disagree with your generalized interpretation of public policy. I am a long retired federal labor attorney whose specialty included equal and civil rights as well as labor. However, I am admittedly rusty, not having practiced since my retirement 24 years ago this month and came to this forum for opinions. I could cite definitions of public policy ad infinitum, however below will suffice.
    It has been defined as "the principles under which freedom of contract or private dealing are restricted by law for the good of the community" --the foregoing definitions being supported by respectable authority, (32 Cyc. 1251). Public policy means the public good. Anything which tends to undermine that sense of security for individual rights, whether of personal liberty or private property, which any citizen ought to feel is against public policy.

    For the Employment Security Agency of any jurisdiction to insist that an employee who must sue his employer for back wages and therefore gain a "Black mark" on his or her employment record when fired for filing suit, is reprehensible and therefore clearly against public policy. There is also a clear conflict of interest in forcing an employee to remain with an employer under these circumstances.
  11. #11
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    33,942
    If you believe you have a valid case, then by all means try to find an attorney who agrees with you and is willing to sue the employer on your behalf. In the meantime, on the basis of the facts you have posted, I continue to disagree that you have a valid case for a public policy violation. And even if you do, it does not change the fact that you left your employment of your own volition for a reason that does not qualify you for unemployment benefits.
    Last edited by cbg; 09-15-2005 at 10:10 AM.
  12. #12
    tlhenri is offline Junior Member
    Join Date
    Sep 2005
    Posts
    5
    If you haven't sued your previous employer yet, you can contact the Department of Labor in the State of previous employment. They'll help you collect the salary that is owed.

    I would contact the Unemployment Office in the state of previous employment for qualification information.

    (I'm not an attorney)

Similar Threads

  1. Unemployment benefits Denial Appeal
    By jbowman in forum Hiring, Firing & Wrongful Termination
    Replies: 29
    Last Post: 10-04-2010, 10:16 AM
  2. Denial of unemployment benefits, NYS
    By Jfrancis in forum Hiring, Firing & Wrongful Termination
    Replies: 13
    Last Post: 02-19-2007, 07:14 PM
  3. Denial of unemployment benefits
    By r.taylor190 in forum Hiring, Firing & Wrongful Termination
    Replies: 3
    Last Post: 02-24-2005, 07:20 AM
  4. possible denial of unemployment benefits
    By Robert Glassber in forum Hiring, Firing & Wrongful Termination
    Replies: 7
    Last Post: 02-22-2005, 11:12 AM
  5. denial of unemployment benefits
    By tracieteaches in forum Wage & Salary Issues
    Replies: 6
    Last Post: 08-04-2004, 03:40 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.