Please Help my claim is still in HD which means pending

by Katie

(Nevada Unemployment Benefits)

I had my unemployment telephone interview on 11/15/11 with an Adjudicator , and she didn’t say I’ll receive benefits either way, she just said you’ll receieve a letter in the mail before 11/26/11, so does that mean i was denied unemployment?
My job fired me for what they said was a medication error, which did not cause any problems to the patient, and for documentation, they told unemployment it was because of three absences from work, the Adjudicator then called me back and said what the employer told her and I said that was never said during me getting fired, I told her i was sick and it was beyond my control, do I have a chance at unemployment? I live in Nevada a at will state 🙁

Thanks

Hi Katie,

First, all states are at will states. At will employment is a doctrine (an attitude or ideology) and it is recognized by the US.

It’s the employment laws, including unemployment, which create exceptions to the ideology of at will.

Most unemployment departments don’t tell you what the determination will be verbally and they especially won’t say anything if they aren’t done investigating.

It’s just a guess, but I suspect that after talking to you and finding out that the employer didn’t mention poor attendance during the meeting where you were terminated .. prompted the adjudicator to call the employer back and ask for details about the med error.

However, it’s when you finally do get that determination .. you’ll know which conduct you will have to focus on preparing for.

Whether you’re denied or allowed unemployment, I see the possibility of an appeal hearing .. merely because when people get benefits .. employers appeal .. at least when they use a cost control company.

Even if there was no communication from the employer telling us to appeal .. we appealed to save their appeal rights and when the hearing notice arrived on my desk .. I would withdraw the appeal if they didn’t want to fight the benefits.

That didn’t happen very often.

Comments for Please Help my claim is still in HD which means pending

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Oct 30, 2015
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To: The person wondering .. What Now?

by: Chris – Unemployment-Tips.com

You have to wait for the claim adjudicator to issue the initial non-monetary determination.

Then, if you disagree with it, you can file an unemployment appeal to get a hearing scheduled to address the issue of whether you were fired for misconduct, or something other than it, or whether you quit with, or without good cause.

Oct 30, 2015
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So What Now?

by: Anonymous

I filed for unemployment benefits then I received a call from a agent saying that my job said I quit but they fired me. The unemployment agent said she was going to call my employer back and I would receive some paperwork in the mail but to keep filing my weekly claims. So what now??

Sep 28, 2015
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Appeals

by: Anonymous

so i had my appeals hearing 8/31/15 at the end which i believe went very well he stated that he had three weeks to make his decision its 9/28/15 and i have still not had anything in the mail so i went to the online terminal and the status says legal effects what could that mean ?? and why have i not received a determination almost a month later ?

No idea who you are, what’s gone on, whether your appeal hearing was in Nevada, or a different state, or why you haven’t called to find out why you haven’t rec’d a hearing decision in the mail.

If you need to ask a more understandable question of your own, please click here.

Nov 29, 2011
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My appeal was filed I’m waiting for a date

by: Katie

I faxed my appeal Friday the 25th, and they called for more information on 11/28/11, there moving fast which is great, because I’m broke, they called and asked for more information which I faxed over it says my appeal #1 was filed on 11/25/11 and my scheduled appt is N/A, what should I expect next ? Will it be a telephone appeal or a re-determination of benefits?

Thanks alot.

The N/A is most likely because the hearing still has to be docketed with a specific date and time.

When that’s done .. they mail out the hearing notice .. which should include instructions for preparing for the appeal .. (read them).

NV will let you participate in the hearing however you want. However, if you’re local .. it’s best to show up for the hearing .. but because they do give this leeway .. it’s also why I’m able to refer those with NV appeal hearings to a rep .. because NV has no problems conducting a split hearing like that.

That’s a very efficient hearing process.

Nov 22, 2011
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Chris

by: Anonymous

Hey Chris,

I e-mailed them and my pending status and their response was just one sentence :

Your determination will be mailed out this week, any further questions call the phone system.

Sounds like I’m not getting money?

How come they didn’t answer if I was aprroved or not, is the computer help not allowed to say?

Should I get my hopes up? or just realize I didn’t win :/

Thanks,

Katie

Please try to be patient .. this is the process .. and you can’t change it .. just be aware of how it works.

Nov 21, 2011
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Thanks A lot Chris

by: Katie

Thanks so much for your help, and I will due as you say and try to get through, it’s almost impossible i tried exactly at 7:59 am and all day kept being busy. I’ll try tomorrow, do you think I’m missing paperwork? I got nothing in the mail saying so, I had that phone interview and said pending ever since. I’m so broke, and so frustrated.

Thanks Again,’

I doubt you’re missing paperwork because it still says it’s pending online ..

If you live in Reno or Las Vegas you might see if there is an office you can go to as well.

Kellie

Nov 21, 2011
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To Chris,

by: Anonymous

Thanks alot for you help, eventhough I’m still slighlty confused about the whole unemployment thing.It’s been several days and on the computer it still says HD ( pending) and no letter in the mail. I’m assuming I didn’t win,I don’t believe the boss cared for me, I worked my last 12 hour shift Wednesday when she wrote me up, and then I came back Friday for an evaluation and she fired me. So unfair, I mean she seemed on Wednesday I could correct my mistake I even told unemployment they offered me no additional training when I asked, or even a day shift, denied. She wanted to get rid of me and she did, but I would not sign the termination paperwork, because I did not agree, was that bad to do ?

Thanks,

Katie

Katie,

Pending, means pending. Don’t assume anything .. verify.

Call the dept. and ask what the hold up is.

Regardless of what way it goes .. it can’t move forward (meaning no one can appeal anything) until a determination is issued by the claims adjudicator.

Not signing write ups is dependent on what the small print says you’re signature indicates.

If is indicates that you agree or admit to what is written on it .. they shouldn’t try to force you to sign .. because it’s an admission of guilt and you have the right to not sign anything that says you’re admitting guilt.

However, when your signature is to indicate that you received a copy .. then refusing to do so can be insubordination because the directive from the employer to sign is a reasonable directive.

We should always read the contents of what we put our signature to first. That’s reasonable .. but so is counter documenting .. which is why I tell people to write a statement of the fact as they understand them and put next to a signature .. Please see attached statement for my rebuttal to this written warning.

Chris