Won’t confirm employment termination

[Sbren]

I put in my two weeks to quit a job over a month ago. Because they will not confirm that I am no longer employed with them I have lost my health benefits and assistance through the state to provide for my family. I have contacted HR and they cannot confirm or deny my employment termination until the manager or district manager does the paperwork. I have personally contacted them both and they have not updated HR still after two weeks. Can I sue the company for financial distress, distress and inconvenience, etc? Money is tight when I am receiving state assistance but I will not be able to continue to get by without it. I need to know my options.

 

[quincy]

What is the name of your state?

 

[Sbren]

What is the name of your state?

I am in Utah

 

[cbg]

Were your health benefits through your employer? If so, what was the last date that you were covered? (That is NOT necessarily the last day of your employment.)

 

[Sbren]

No, the benefits are through the state, not the employer. The state needs proof of employment/unemployment, and proof of income. I got a new job and they received confirmation of my new job, but my old job won’t confirm that I’m no longer employed. So the state thinks I have two incomes therefore I don’t qualify. But I only have one job.

 

[PayrollHRGuy]

I can't find any Utah law or regulation that requires an employer to respond to a VOE. Some states have such a law. Utah isn't one of them.

Did you file for unemployment when you were between jobs? If so, that documentation should work for them.

 

[commentator]

Long before you talk about suing this employer, there will be a simple appeal process after the denial of state benefits.due to too much income or lack of verification from an employer.This is where you will need to go next here. Employment dates and income can be verified many ways.

 

[Sbren]

Long before you talk about suing this employer, there will be a simple appeal process after the denial of state benefits.due to too much income or lack of verification from an employer.This is where you will need to go next here. Employment dates and income can be verified many ways.

The company uses theworknumber.com. DWFS will only use that as verification with my employment with that company for some unknown reason. I qualified for assistance with the first job. I qualify for assistance with my current job. But because the first employer will not update my profile on theworknumber.com they think I am working both jobs. Which I’m not. There has to be some sort of legal action I can take because my previous manager is not doing her job. It may be a personal issue because the manager doesn’t like me, but this is ridiculous. I can’t put food on the table and our health insurance was shut off but there’s no legal action I can take?

 

[PayrollHRGuy]

Please go back and read my post #6.

If you got your check from Equifax you need to contact them. Signing in at https://www.theworknumber.com/employees/ may even help you find an answer.

 

[cbg]

What was your last day of work?

 

[Sbren]

April 22nd 2019

 

[cbg]

That's a bit long for what I had in mind. But in the absence of a law requiring them to update your record within x amount of time, they can take as much time as they want.

 

[commentator]

Quote: " DWFS will only use that as verification with my employment with that company for some unknown reason."

Okay, I have spent many years of my life verifying incomes for state and federal income based programs. And NOTHING in these programs assumes, if your past employer refuses to verify a quit date, that you are still working. There is not only one way to verify that you have quit a job. The legal action you could take is to appeal your denial, when you received it.

Through the DWFS, you appeal the decision to deny your eligibility. And there are other means to go through to get your verification of the last day you worked at the previous employer. If not, there's no way that anybody would ever be approved for benefits, because many past employers will not cooperate with this one specific system. Some employers won't cooperate with anybody. They have to provide other ways to be certified.

I am positive that your previous employer was submitting their employer taxes and quarterly reports to the unemployment system, they are verifying who does and who does not work for them on several other state venues, and you cannot immediately jump to "suing them" for keeping you from qualifying for a state program, even if you had the money to hire a private attorney to do this. Speak with legal services in your area about filing an appeal of your denial of benefits, if this is what has happened

 

[cbg]

One last question. Has your former employer actually, verbally or in writing, said, "We will not verify that your employment has been terminated?" Or is their "refusal" simply the fact that, as of today, they have not yet updated theworknumber?