Moved from GA to AR - filing umemployment

[Worried from GA]

What is the name of your state? GA & AR

Please bear with me as I try to explain our situation...... Thanks!

My husband was terminated from his job in GA on February 12th, 2008. He was, however, allowed to resign "on paper". (I have my own theories as to why they allowed this.) He was also allowed to finish his days work (he was terminated at 2pm but usually works til 6 or 7pm). They also told him that they (his employer) would not contest his filing for Unemployment. By the way, he's been with this company for nearly 12 years and in that time has been an exceptional employee.

So, he goes to the local UI office and files for benefits. He is sent an approval letter within a few days. However, after a couple weeks, he still hasn't received any benefits. He contacts the UI office and is directed to his "case worker". She tells him that he was denied. He tells her that there must be some mistake, as he has already recieved the approval letter. She tells him because he listed that he would only commute 30 miles for a job (instead of the 45 he WAS commuting) that it was denied. Ok, so he tells her that is fine, change it to 45 miles & sorry, it was a mistake. (He would've commuted 100 miles if necessary.)

Fast forward 2 weeks, still no benefits. He calls his case worker back and leaves several messages for her. After a few days he finally reaches her and she tells him that he is still denied. Now, the denial is due to "wording" on the form from his employer. We are not clear on what she meant, but can only guess that his employer's letter was not in lines with approval of benefits.

He then speaks to a contact at his employer and they tell him that everything is okay and that as far as their concerned he IS elegible for UI benefits. He then attempts to call his "case worker" back but she has yet to return his calls. (He's been calling 2-3 times a week for over a month. He as also contacted others in the office, but they are giving him the run around.)

In the mean time, we moved to AR because his Head Hunters told us that would be the best thing considering the field he is in and the amount of job opportunities in the area. (That was okay with us, as our family is all here anyway.) We have now been here 5 weeks and he still doesn't have a job. Our 6 month reserve (savings) is slowly dwindling and we are at an impass.

I was speaking with a friend the other day that told me he may be eligible for UI benefits in AR, no matter what, since he has been unemployed for more than 60 days.

So, now to my questions:

1. Can he file umemployment in AR?
2. Does he continue to contact his "Case worker" in GA?
3. Is there anything else he can do?
4. Should he hire an attorney?

Thanks for reading this. We are truly worried and don't know what to do.

 

[Worried from GA]

Just refreshing. Does anyone have ANY advice. Please....

 

[cbg]

He is free to apply for disability in AR. The state will decide if he is eligible. Since he has not worked in AR, however, I seriously doubt that they will provide him with benefits unless they do so in conjunction with GA. Why should they pay benefits to someone for whom they have never received any contributions?

 

[Worried from GA]

cpg, he was not applying for disability. He's not disabled. I'm sorry if I didn't make that clear. He is filling for Unemployment Insurance Benefits (i.e. UI Benefits).

The reason I asked about applying in AR is that we were born and raised in AR and he had worked full time in AR for 10 years prior to our move to GA. (3 years with another company, and 7 years with the company we are discussing.) We were in GA for only 5 years. The position he had in GA was intended as "experience" so that we could move (with the company) back to one of the offices in AR. (This company is the one that moved us to GA in the first place for the experience.) We had intentions of coming back to AR from the beginning. The company was aware of that and that was one of the reasons THEY moved us.

Another point that I failed to mention is that, he was instructed by one of the Unemployment Insurance Reps in GA to file in AR. We both thought that seem ludicrous since he hadn't worked here in over 5 years, but figured we should try considering that was the advice of one of the VERY FEW people he has been able to reach.

After posting this, and not receiving any responses, he decided to take the GA UI employees suggestion, and went to the UI office here in AR. They told him exactly what we thought, and what you said cbg

Why should they pay benefits to someone for whom they have never received any contributions?

. He must have been employed in AR in the past 18 months to receive benefits. Which seems resonable but still contradicts what the UI GA employee told us. (The GA rep said that they could file a "joint" claim.) Again, it made no sense, but at this point..... Nothing makes sense anymore!

I just still feel as if there has to be some legal recourse he can take.

 

[cbg]

Delete the word disability and subsitute unemployment; I was thinking the right word and typed the wrong one. It is rare indeed for any state to pay unemployment to someone for whom they have received no contributions; it is possible that he may be able to receive a benefit from GA filtered through the AR office but only someone IN the AR office can tell you that.

 

[Worried from GA]

cpg???

Okay, so he went to the AR UI office and they referred him back to the GA office. He is now playing the "we're not answering your call" game again.

I have read some of your previous responses, and you seem very knowledgeable, so.....

Do you see anything else here that he can do?

As a side note, here are the reasons WE think he was let go...

1. Paid nearly twice as much as the other people in his department in similar positions. The Company and my husband were both aware of this (THEY moved us to GA). They told him that it was fine, he just wouldn't be getting any raises in the near future, and treated the transfer as a "Lateral Move".

2. A Manager in the Department had it in for him because he didn't "bow down" to her during the firing of another employee. She wanted my husband to go along with the other employees and speak badly of this former employee, and he refused to be her puppet, and she's had it in for him ever since.

3. His Company was bought out and they were getting rid of ALOT of individuals that were with the previous company. Especially those that knew the inner workings the way he did. And those that were highly paid (see #1).

4. When he was moved to GA he was told that once he received the experience necessary they would transfer him back to AR, as I stated in my previous post. After a year or so of waiting (there were no available positions), he decided to contact a head hunter in AR and research his possibilities with other companies. A week, to the day, after submitting his resume to the Headhunters, he was let go. Because this particular community of employers is somewhat "tight" (for lack of a better term) we think the office in AR got wind of this. The Manager of the office in AR was good friends with the Manager I spoke of in #2.

The "reasons" they gave for letting him go were 2 MINOR mistakes. One in October 07 that he was written up for. (Never EVER written up in the 12 years he was with them prior). The second was the day he was let go. Again, these were MINOR mistakes that EVERYONE in his department has made. We know others have made the same mistakes, a: because he's seen it with his own eyes and b: because his Supervisor told him a few days after the firing. Ironically, she was transferred to a different department a week later**************.

See a pattern here???

His biggest issue with all of this right now is feeling like a loser. He is becoming concerned that he is no longer hireable in his field because of the above mentioned "tightness" of this Community of Employers. He has been on several interviews with no luck. He is now speaking to a couple different Headhunters, but the original one (that we think spoke to the local office) has not been in contact with him in almost a month. Even with repeated inquiries from him.

He was always considered an exceptional employee. Even with a college degree he started at the bottom on the production floor, and worked his way up over the years. (Hence, his vast knowledge of the company.) He always did more than was asked of him. (He even went so far as to spend 2 hours on the phone with one of his coworkers, that was new, helping her with some reports, AFTER HE WAS LET GO). He went to continuing education courses to obtain certifications that were not mandatory. In the 12 years he was with them, he only took 8 sick days. 1 of those being this winter when half the office got the flu. He took Tuesday off to rest and go to the doctor. The remainder of the week he worked from home while the others that were sick just stayed home. Even though they ALL had the same capability to work from home as he did.

I still feel there is SOMETHING he can do...... Please Help! THANKS!!!!

 

[cbg]

None of the reasons for his termination that you have posted are illegal reasons. There is nothing I can do to make the UI office call you back. I can only tell you to keep trying.