Help: need a clause for: ''Seperation from Employment'' ??

[Paul762]

ARIZONA:

Hello the employment law they have for these articles :/
on ''Seperation from Employment'':
Sections 23-775, 23-619.01, 23-727;
Arizona Administrative code, Title 6, Chapter 3, Articles 50 and 51.
Below is my first appeal i wrote in arguing that i should not owe a certain amount due to only the few days i was working for a company while i was on the unemployment benefits program, and everything i did was honest, and intended to do the correct way:

*I qualified for the unemployment program for my first time and once I went to a training period it was not a gainful employment at an immediate date.

*The next issue was the working conditions which by my strong Christian and moral upbringing the pornographic materials such as pictures and magazines are inappropriate to have just lying around at the workplace or in the restrooms as it was at this workplace. I did not feel comfortable and I felt that I did not have to be subjected to this environment to obtain a job, and nor a place where my religious or racial integrity is compromised. !

*I did not know where the line is actually drawn to be considered employed as there was no statement by the employer of this training program to be a paid period and so I did not know when I was supposed to call back unemployment program, so when I did leave I had to live with the last very few checks by letting them continue to survive.
I feel I should not be penalized and set into despair for the immediate leave of my services to care for my well being of my soul to simply find a full-time secure job. As loss of work and income has hit me hard as it is with many people these days… I had to take refuge of my parents and I now do not have a secure job and earnings to repay DES. So I ask for compassion with my situation.

They still affirmed their decision; i wrote a second appela i can post when its requested for then after that have my third appeal. I need help very badly...to find a clause that i can insert into my next appeal or something to really get THEM on to argue my point to lower the amount i would owe which already interest incurring even when i still am unemployed and still looking for a job. Thank you for nay and all help.
Paul Naegle

 

[Beth3]

"Below is my first appeal i wrote in arguing that i should not owe a certain amount due to only the few days i was working for a company while i was on the unemployment benefits program" Huh? What are you talking about?

Are you saying you accepted a job and earned wages and did NOT report that to the UC office? If that's the case, there is NOTHING you can argue that will provide you with a valid reason not to repay the UC monies you fraudulently collected. Save the time and effort - everything you've written in your appeal is completely and totally irrelevant.

 

[Paul762]

Re: Help: need a clause for: ''Seperation from Employment'' ??

Hi beth, no it is classified as non-fraud they said. I DID report it to the UC office. But i need to post to you the 2nd appeal so you have a more clear understanding here it is below:

I believe the decision is wrong for the following reasons:
I am requesting an appeal because the only week i was overpaid was for the week I actually did training and that was unintentional on ym part. I really thought they were not going to pay me for the training. The amount I feel I owe is $205.00 for one week of unemployment that i was in training. The following
Monday I was unemployed again and I thought that the system knew this and was issuing me a normal unemployment check. I was unemployed from, April 2002 through the rest of the year. I am still unemployed as of now. All those weeks that i recieved unemployment checks I was unemployed, I was not dishonest. I was without work and I thought that the system was sending me the normal unemployment check. In my mind i feel that I owe $205.00 dollars and I am asking you please to reconsider your decision on this issue of overpayment.
Sincerely,
Paul Naegle.

Now after this they affirmed the decision to repay DES etc.
I sent my most recent appeal in by delivery of hand, here it is below:
Request for review of the Boards Decision:
to whom this may concern,
In regards to Appeals board no. 429786-B/Seperation of Employment and no. 429788-B/Overpayment - Nonfraud.

No.429786-B - I realized when I only worked a couple of days for Consumer Protection Publications, that it was not an environment that was suitable for me. With pronographic material scattered freely, I did not feel comfortable working there. After a couple of days I never went back. I realized that I should of have called in to quit officially but i felt intimidated and very uncomfortable. The following Sunday I called in like normal to report my being available to take another job, as I had no intention of returning to that work environment. The following weeks I kept searching for a job and started recieving unemployment checks again. please accept my sincere apology for not doing this the correct way.

No. 429788-B - Please see the above paragraph. There is a large amount of interest that has accrued on this unsettled issue. I do hope that it is waivered because I still am unemployed.
Sincerely,
Paul Naegle

So there ya go... please help me with any sort of clause that i could atleast try to insert to argue.
Thank you Beth adn whomever for any and all help,
Paul

 

[Beth3]

So what exactly is the issue you are appealing? Repayment of UC benefits that you were overpaid for one week? Or has the UC office denied continuing benefits entirely because you accepted a job and then quit?

 

[Paul762]

Re: Help: need a clause for: ''Seperation from Employment'' ??

I'mappealing the issue of Seperation from Employment, from this seperation i was disqualified from further benefits until i can repay what they want me to owe now which is the entire whole amount of the about $5,000 which interested has incrued. When the time i worked was only few days and a weeks worth which is an uneployment check of $205.00 of one week. One judge gave advise i spoke to and they said its the 'seperation from employment issue i need to concentrate on but now i need a clause top insert to to argue for this. I don't think i should owe that MUCH back plus i need to argue the reason i left my services...and they are not being compassionate and understanding what really happened.
Help me please... :/
Paul-

Beth3 wrote:
So what exactly is the issue you are appealing? Repayment of UC benefits that you were overpaid for one week? Or has the UC office denied continuing benefits entirely because you accepted a job and then quit?

 

[KYSassy]

Sounds like you had a possible hostile work environment issue that you failed to address with the company before just up and quiting.

Now you have an unemployment compensation mess that is going to haunt you for quite a while. Unfortunately, hindsight is 20/20. It may not work out in your favor, because you didn't handle the possible hostile work environment issue in a proper manner. Failing to do this puts you in a position that your reasoning has no documentation. Therefore, all the UI people can do is figure that you just quit.

The unemployment commission usually takes any appropriate complaints into consideration during the rulings. If the proper channels have been followed.

I sympathize with you, however, I don't see how you are going to convince them that your quiting was justified.

 

[Beth3]

Paul, the UC office is dealing with matters of LAW. The ONLY issue they will address is whether you qualify for benefits under your State's unemployment regulations. Period. Compassion and understanding have nothing to do with it, nor does how badly a claimant does or does not need the UC money. They will not grant you benefits out of the goodness of their hearts - it would be unlawful for them to do so.

What I'm trying to ascertain here is on WHAT BASIS the UC Division has said you need to repay the money. Not how much money you need to repay but WHY??? If you've explained that, it's not in terms that I have been able to understand. If I knew what the legal issue was, I could possibly advise you.

 

[HomeGuru]

Could it be that Paul while collecting UE benefits was working during the time and collecting UE checks, and therefore overpaid in UE benefits?

 

[Paul762]

Re: Help: need a clause for: ''Seperation from Employment'' ??

NO, to try and clarify what happened:
I was on Uenployment benefits program getting checks weekly for $205.00 each week. And COming to the end of my unemployment balance, i finally got a job and I worked only like 3 days for the company and during this start of training I was supposed to call in to UC once i knew i was hired. the only week i was overpaid was for that week I actually did training and that was unintentional on my part for not calling in. I really thought they were not going to pay me for the training. The amount I feel I owe is $205.00 for one week of unemployment that i was in training. The whole issue underlying why I stopped my service for them without notice is explained in my appeals above regarding being a strong Christian that I am.
So that following Monday I was unemployed again and I thought that the system knew this and was issuing me a normal unemployment check. I was unemployed from, April 2002 through the rest of the year. I am still unemployed as of now. All those weeks that i recieved unemployment checks from the start of being in the UC program I was unemployed, I was not dishonest. I was without work and I thought that the system was sending me the normal unemployment check. In my mind i feel that I owe $205.00 dollars and I am asking them to please to reconsider their decision on this issue of overpayment. lpease ask me more specific questions on which parts of my issue you need more xplaining about becuase i do need this help sincerely,
Paul

 

[Paul762]

Re: Help: need a clause for: ''Seperation from Employment'' ??

PLease read these 'articles' for the ARIZONA employment laws and the UC benefits program law, they describe what i CANNOT do WHILE in the Unpemployment benefits program and what the laws does if these things happen with those rules.

Sections 23-775, 23-619.01, 23-727;
Arizona Administrative code, Title 6, Chapter 3, Articles 50 and 51.

the articles right here:
http://www.azleg.state.az.us/ars/23/00775.htm
http://www.azleg.state.az.us/ars/23/00619-01.htm
http://www.azleg.state.az.us/ars/23/00727.htm

-Paul
i've read these as well although cannot understand some of them, it almost seems there no way around the law to argue my issue. But there has to be if you were a Harvard lawyer knowing your stuff.