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unemployment taxes?

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gabster54

Junior Member
What is the name of your state (only U.S. law)? South Carolina

I was at a job for a week when they let me go. I am attempting to file for unemployment, but the unemployment office says that since i did not make at least a total of 8 times my weekly benefit at this place that let me go, they will tax the previous place i worked at (and left voluntarily when offered this position) and did make 8 times my weekly benefit. I am sure that this company will appeal this. My question is - how likely is it that the court is going to side with me since I left the previous job voluntarily? Any advice would be appreciated. What is the name of your state (only U.S. law)?
 


Beth3

Senior Member
I am sure that this company will appeal this. Well, of course - you voluntarily resigned. They won't want to be on the hook for your UC benefits, nor should they be.

My question is - how likely is it that the court is going to side with me since I left the previous job voluntarily? Frankly, not at all.

If you didn't work enough weeks with your most recent employer to qualify for UC benefits, then that's that. However what I don't know about your State is whether you may be eligible for benefits from the "general UC fund" when a claimant is eligible for benefits but they can't be attributed to a specific employer.

Unless someone more knowledgeable about S.C.'s UC statutes wanders by and responds, you'll just have to follow the process and see what happens.
 

commentator

Senior Member
You voluntarily quit one job. You left it to go to another job, and worked one week. Then you were "let go" in other words, terminated from the last job. When your claim was set up, by law, it was based on the first four of the last five completed quarters. Right now, if it was set up in March, 2012, it would be based on the wages you made, in other words, from Oct. 2010 through Sept. 2011. Your last employer had no liability for wages paid to you, it would all fall back on your next to last, long term employer. You quit the job with them. A person who voluntarily quits a job, without a very excellent job related reason to quit (such as not being paid, or being forced to work in unsafe conditions) is not eligible for unemployment benefits. This is the case whether or not the employer "fights" the claim or not. All that has to be determined is that you quit them. That means you get no unemployment if you did not have a good reason to quit.

It is not, incidentally, decided by "the courts". It is decided by the state unemployment system. You file the claim, as you have, and you will receive a notice of approval or denial within a few weeks. You can then appeal the decision if denied, but if you aren't able to present much of a good reason,that's going to cause a problem. You may be able to say you quit the job to take this new job, which you assumed was going to be permanent full time employment elsewhere, ( and which might be considered a valid reason to leave the old job) then you did the new job to the best of your abilities, but were let go after the first week. This may get you eligible for unemployment insurance. What will happen is that your previous employer, the one you quit, will request and very well may receive a non-charge to their tax account, if you are approved to receive benefits. This is fair, and this is something you do not have to worry about either way. You're still being paid, the money is just coming from a different place.

This law is set up this way so that you can't work at a job for a long time, then get fired or quit and go to work for your uncle Joe down at the filling station and get a lay off slip after three days and begin drawing unemployment, which will all come from the account of your previous employer, not Uncle Joe's account. In order to be able to draw from the last employer, you must have a minimum amount of earnings from them.

If you do not, and you are laid off after a very short time for a valid no fault reason, or were terminated and they cannot show job related misconduct, you may still be able to draw and your old employer not be penalized. File those appeals. It costs nothing, and is worth a shot while you are looking for a new job.
 
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swalsh411

Senior Member
This is a point of eligibility I've never exactly understood. Let's say you work for Company A for years but then quit to go work for Company B. You are laid off from Company B after a week due to no fault of your own. Are you saying you will not be eligible for unemployment because you quit Company A? That's doesn't seem right but maybe that's the way it works.
 

gabster54

Junior Member
unemployment taxes

Again, thanks for your comments and advice. It is helpful. I wasn't going to file, but now think I might. I just find it hard that the company who let me go is not the one who is going to be held accountable.
 

commentator

Senior Member
Not to file at all would be the height of stupidity! You do not have to figure out whether or not you think you would be eligible and make a decision whether or not to file. You file the claim, no cost, no foul, no loss, legal to do so at any time. They will take down the circumstances, and make an initial decision, then they will tell you what that decision is, and you have one appeal of this decision. Under these circumstances, it is certainly worth the time to take a shot at it. It depends a lot on the reason given for your termination from the last of the two jobs. If you showed up in good faith and did your job to the best of your ability, and they decided you weren't able to do it and terminated you, you have an excellent shot.

Swalsh, actually, it's pretty easy to tell when you get to investigating it whether it's the Uncle's gas station lay off or whether it's a legitimate lack of work (although unexpected) or a case of the person being hired and then let go quickly because they didn't measure up for some reason. Or if it was a truly temporary job, the person could accept the job, work a week and then file for benefits after the temp job ended. It will all depend on the circumstances.

In most cases, in SC, the next to last employer will be given a non-charge to their account, the money drawn by the person will come from the unemployment pool,not their tax account,because the person did voluntarily quit them, they had no control of this.
 

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