Appeal issue is voluntarily quitting a job with good cause because it wasn’t suitable work.

by HS

(Oregon, Clackamas)

My appeal issue is voluntarily quitting a job with good cause because it wasn’t suitable work. And lets not forget the unemployment overpayment issue.

This is a better way to describe what you want to know.

I was Fired from my job in july and filed for unemployment. My unemployment was under review for 5 weeks. In that time I started and quit a job for less than a week. This was immediately after i claimed my waiting week and i wasn’t receiving benefits and didn’t think i was going to get them. I ended up getting unemployment from my previous claim and everything has been fine till my account was frozen in September. I called into the unemployment and the lady asked if i work for “blank company” and i said yes for a week and it didn’t work out. She said she was pushing me thru the system manually and i asked if there was anything else i needed to do and she said no. 2 weeks ago i received a letter from the state saying they wanted all back payments plus 15% interest. I had a phone conversation with the state fraud investigator and now i have appealed their decision and have to go in front of a judge. They are saying i voluntary quit that job and have put the claim on that company?????
Does anyone have any advice on this? I talked with a lawyer yesterday he charged me 145.oo yesterday and wants another 750.00 to represent me and i got a weird vibe off of him on if i had a case or not. i was under so much distress at the time that i lost my job that i wasn’t thinking clearly.

Wow, $900 bucks .. that’s a little pricey for an Oregon phone hearing. You should try the group of resp on my page about representation for unemployment hearings. There usual fees run between $200 and 400 dollars for representation.

I can tell you right now .. the voluntary quit issue and the overpayment issue will come down to whether you had good cause to quit that job of one week because somehow .. you were misled by the employer at time of hire and that is what the problem was that caused you to quit it because it was not “suitable work” for you.

Otherwise, I welcome you to the reality of how unemployment works after you have been approved for benefits from one job, but how all subsequent jobs now control the right to continuing benefits.

You should google “new hire reporting”.

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Dec 24, 2010
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Did I voluntarily quit or was I laid off?

by: Anonymous

Did I voluntarily quit or was I laid off?

My boss asked me if I wanted to be laid off today, this was Tuesday, 21st Dec. 2010? I said no and we agreed to keep me on board through the holidays. Later that evening, I thought it over and my husband and I decided that I go in to the office on Wednesday and say, I appreciate you wanting to keep me through the holidays, but I don’t want to be a burden on Overhead, so I decided to accept your offer to lay me off now! On Thursday, a supervisor from HR came into my office and said to me, “I understand you want out of here”, so when you wrap things up come into my office”! I said, I accepted the offer to lay me off. We sat down and I signed a Release and termination agreement, and he said this could be misconstrued that I quit. I said I did not quit, I accepted the offer to lay me off! How will this affect my rights for unemployment?

Hi,

I think HR was right .. although I would have put it more strongly that “this could be misconstrued as a quit” depending on what it is you signed.

I think it would be useful to know what the “release” and “termination agreement” stated that you put your signature to.