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Old 08-02-2010, 03:04 PM
smaria smaria is offline
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Unemployment Question in Virginia

I have been unemployed since May 2010. I was fired and filed for unemployment right away. I was making my job contacts and filing a claim every week as instructed. I was told I had to wait until July 21st for an over-the-phone hearing with a deputy for virginia as to why I was fired before I could start collecting my money. I gave my statement on that day and answered his questions. I explained I was fired because I was not meeting a specific quota weekly as to how many students I was able to get to apply to a certain college. It was a production based position, one of which I had a four-year successful tract record at a prior company, a Master's degree, and management experience. I wasn't even sent to training in Denver and my certified trainer at the company I was fired from stepped down from being my trainer, so I really wasn't given much direction and when I didn't meet my numbers was fired. Anyway, I was told that the company had 48 hours to respond, give their statement, or dispute my statement. The company never responded. THEN I was told I had to wait 10-15 days after the company's 48 hours to find out whether or not I was going to get my money, but in the meantime continue to file my weekly claims. I was told to keep checking my bank account for funds, that I should receive a letter in the mail, but yet I still haven't received anything and my husband's income isn't enough money alone for us to make it and I have already ran out of the 401K I had to cash in early due to my termination. I am SO frustrated! My question is: am I going to automatically be eligible for benefits since the company that fired me NEVER responded to my statement, gave their own statement, or disputed my claim?? Much thanks with any help/information anyone could please give me!!
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  #2  
Old 08-02-2010, 03:09 PM
purplehorseshoe purplehorseshoe is offline
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No experience with VA unemployment specifically, but I thought that across the board (meaning, for all states in the U.S.) unemployment compensation was reserved for those who were laid off, specifically, and that being fired for whatever justification was not grounds to receive unemployment compensation.

Was I wrong about that?
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Old 08-02-2010, 03:12 PM
smaria smaria is offline
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I was told I could receive compensation for being fired by the Virginia Employment Commission, but not for voluntarily quitting, which I did not do.
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Old 08-02-2010, 03:42 PM
dracoi dracoi is offline
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Quote:
Originally Posted by purplehorseshoe View Post
No experience with VA unemployment specifically, but I thought that across the board (meaning, for all states in the U.S.) unemployment compensation was reserved for those who were laid off, specifically, and that being fired for whatever justification was not grounds to receive unemployment compensation.

Was I wrong about that?
Most states do exempt firing for cause, but the for cause there means things like embezzlement, tardiness, absences, etc. Generally (or, at least in Washington state) a firing for poor work performance is not for cause and a worker like the OP can get unemployment.
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Old 08-02-2010, 03:49 PM
TheFifthYear TheFifthYear is offline
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Quote:
Originally Posted by purplehorseshoe View Post
No experience with VA unemployment specifically, but I thought that across the board (meaning, for all states in the U.S.) unemployment compensation was reserved for those who were laid off, specifically, and that being fired for whatever justification was not grounds to receive unemployment compensation.

Was I wrong about that?
Yes, you were wrong about that. The reason you were fired will determine whether you can get benefits.

Last edited by TheFifthYear; 08-02-2010 at 03:51 PM..
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Old 08-02-2010, 03:55 PM
fluiddruid fluiddruid is offline
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Quote:
Originally Posted by TheFifthYear View Post
Quote:
Originally Posted by purplehorseshoe View Post
No experience with VA unemployment specifically, but I thought that across the board (meaning, for all states in the U.S.) unemployment compensation was reserved for those who were laid off, specifically, and that being fired for whatever justification was not grounds to receive unemployment compensation.

Was I wrong about that?
Yes, you were wrong about that. The reason you were fired will determine whether you can get benefits.
In my state, my understanding is that firing someone for cause includes poor performance, but that the company must provide documentation of this. If the company doesn't respond, then the employee gets benefits.

It makes sense this way. If firing an employee for any justification was the only measurement, then companies would never lay anyone off; companies pay more to the state depending on the number of successful claims against them, after all.
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Old 08-02-2010, 07:40 PM
Markxxx Markxxx is offline
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Ah welcome to the wonderful world of unemployment.

First of all there is no such things as "this is the way it is..." when you deal with unemployment.

I worked in H/R and you'd not believe what I've seen.

I live in Illinois but it's similar in other states.

You lose job
You apply for unemployment
You get benefits / You get denied
Either side can appeal
They have a specified amount of time to appeal (10 days in Illinois)
You get money / You don't get money (by law they have up to 120 days to do this. In reality it's usually much quicker)
Either side can appeal (must appeal in 30 days)
You get the money / You don't get the money
Either side can appeal to the "complain for administrative review (with 35 days)
Case goes on docket and a court case is assgined.
Case goes into the regular judical system and a judge decides

In fact if an employer can somehow prove fraud Illinois allows you up to two years to back appeal. I don't know how you could exactly prove "fraud" but that's the law.

The thing is let's say you get the benefits and then receive them then the referee says you shouldn't get them, then you appeal. You still get them, but if you lose this round then you have to pay them all back.

In the above examples any side can also request an extension of up to 30 days for time to prepare evidence. This is subject to approval.

See how quickly this can get dragged on.

The thing to understand is it's very arbitrary. I worked for a company where we fought EVERY case. No matter what, we disputed it. Our Director of H/R was a real piece of work. She'd try to get you to sign a statement saying you quit when you were told it was a lay off due to lack of work.

Here's an example, our hotel fired someone for constantly being late. She needed to be there to open up reservations at 7am. She was fired and filed. We contested and the arbitrator sided with us. She appealed and lost again.

A bit later the same thing arose with another employee also fired for being late in the same position. She was fired, she filed, we disputed. A different arbitrator said "Well she did try to get there, we'll give it to her." We appealed and lost again.

Same job, same documentation, different referees, different results.

Most companies don't bother after the first round. Most people give up after the first round.

On the flip side there are some companies that never bother to dispute any claims. They are so overworked with stuff, they don't dispute anything. This is why I always say to file a claim, even if you know you're wrong.

As for dismissal with cause, that may or may not disqualify you. It depends on the company (Will they contest) and if so then what your particular referee says.

If you feel you were entitled to it, go for it.

Unfortunately unemployment is a civil matter and I don't know of any state where you're entitled to legal representation. There may be some states that have that, but none that I know of. Check your legal aid society, your county website should have a number

Good luck

Last edited by Markxxx; 08-02-2010 at 07:42 PM..
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  #8  
Old 08-02-2010, 08:53 PM
smaria smaria is offline
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@markxxx--unemployment question

@markxxx

my question is, if the company had 48 hours to dispute my statement but didn't respond at all during their 48 hours, does this mean I am going to get the benefits? Also, I was told by Virginia Unemployment Commission that a judgement had been made in my case, but it wasn't released yet. Are you familiar with possible reasons why it wouldn't be released yet whether or not I'm going to get the benefits? I was told I'd know or see the funds in my bank account 10-15 days from the 48 hours the company had to dispute and I don't know if that means 10-15 business days or regular days . . . thanks a lot for your insight.
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