Unemployment claim taking Forever

[sabang]

What is the name of your state (only U.S. law)? Oregon

I recently lost my job with the Department of Veterans Affairs on 7/17/09. The reason I lost my job is because it was a temporary appointment which had expired. I filed my claim with Oregon Unemployment on their website. I waited my waiting week and began to claim my week(s) of benefits. My former co-worker was in the same situation but had been let go earlier in the month. She said she had to wait 4 weeks for her claim to process and to receive her first payment. On this advice, I waited 4 weeks before calling my unemployment office to see the status of my claim. On week 5, I call to ask why it is taking so long. They say they haven't received my wages from my employer. I ask what I can do to expedite the process. They tell me that I can submit my W-2 and '09 pay stubs as proof of earnings which would allow me to begin collecting. I called my employer to see if they received wage verification forms and they tell that they have been sent back to the unemployment office weeks ago. I also asked if I could pick up a copy of my pay stubs for '09 and they tell me to come in. I call the unemployment office to see if they received them forms and they just haven't been processed yet. They tell me they have not received these forms. I go in to pick up the pay stubs as well as inquire to see what happened to those forms. They told me that the Unemployment Office must have lost them because she had completed them and sent them in. I did my part and faxed in the proof of earnings as well as call to verify that the Unemployment Office had received them. I have been calling twice a week ever since then only to inquire about my claim. They keep telling me that I need to wait and that they have not received my federal wages from my employer yet. This week I asked to speak with a supervisor in the unemployment office. He told me he'd investigate what is taking so long. He called me back to tell me the same thing yet again. I asked if the forms could be resent to my employer. He said, "That's not our process." I asked what was the process if the documents were lost to which he replied with the same response.

Could I file some sort of grievance????

 

[commentator]

I would write a letter, yes a real letter...to the administrator's office of the state Dept of labor. Yes, I know it says not to contact them about your unemployment claims, do it anyway. Tell them you are lodging a formal complaint. I would detail my efforts to get this claim set up. I would provide dates and times and who I talked to. I would also talk with or write or email the offices of my state representatives. They will call the department, and you will get some attention.

Apparently, wage records were not in place, and the snafu is somewhere between the employer sending them in, your sending them in, and them putting the claim in place. Your complaints will get attention paid to your case, and facilitate your getting paid.

Federal wages are very tough to get into the system, and it does truly take longer. But you have been more than patient and cooperative. It is now the time to bring attention to yourself. Call the governor's office if the adminstrator's office doesn't help you quickly.

Now, I hope you have been filing for each week that has passed, even though you have not been receiving checks. If this is the case, they will, at the time your claim is put into place, backpay you for all the weeks you have filed for. In a best case scenario, it would have been about three weeks before you received a first check. With federal wages, maybe four weeks. If you filed your claim in mid July, you are about 8 weeks behind now, right? Be sure you mention this to your state officials when you write and complain.

Unfortunately, you cannot sue the state for not getting you paid timely. You can get back paid, and the time it has taken has not reduced the amount of money you can ultimately receive from the claim, but there is no mandate that they pay you in order to keep you from starving, like food stamps or other income maintenance programs. Unemployment insurance is not that type of program.

 

[sabang]

Thank you so much for your help. I'll be writing that letter immediately. Thanks again.

 

[pattytx]

You can also copy the letter to your state representative.