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Wrongful Denial Of Unemployment Benefits Laid Off Employees Wrongly Denied Unemployment Compensation

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  #1 (permalink)  
Old 2006-03-30
jersey boy
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Default I was fired from erac

what are my rights on collecting unemployment?
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  #2 (permalink)  
Old 2006-03-30
Title: Member
Rank: Failing Enterprise Management Trainee Applicant (First Interview) (25-49 Posts)
 
Join Date: 2006-02-22
Location: Los Angeles
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grass IS greener! has an average reputation (10+)
Default Re: i was fired from erac

Quote:
Originally Posted by jersey boy
what are my rights on collecting unemployment?
You have every right to APPLY for unemployment, does not mean you'll get it though. It depends on what you were truly fired for. If they fired you for any theft, dishonesty, misconduct, sexual harrassment, violation of company policy etc... and they can prove it, and they fight your unemployment claim, then you probably won't get shit.
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  #3 (permalink)  
Old 2006-04-01
Unregistered
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Default Re: i was fired from erac

Quote:
Originally Posted by grass IS greener!
You have every right to APPLY for unemployment, does not mean you'll get it though. It depends on what you were truly fired for. If they fired you for any theft, dishonesty, misconduct, sexual harrassment, violation of company policy etc... and they can prove it, and they fight your unemployment claim, then you probably won't get shit.

he wont get it. I have never heard of someone pulling off unemployment from the prise.

I have a question. Can someone explain to me how unemployment works. Does unemployment comes from the state or does it comes from ERAC's pockets? I do know that it does not apply for a voluntary resignation, but for a fire/forced resignation/lay off it applies unless ERAC fights it and proves their case. I just want to know where the money comes from and whos effected.

Any answers?
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  #4 (permalink)  
Old 2006-04-01
Unregistered
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Default Re: i was fired from erac

Quote:
Originally Posted by Unregistered
he wont get it. I have never heard of someone pulling off unemployment from the prise.

I have a question. Can someone explain to me how unemployment works. Does unemployment comes from the state or does it comes from ERAC's pockets? I do know that it does not apply for a voluntary resignation, but for a fire/forced resignation/lay off it applies unless ERAC fights it and proves their case. I just want to know where the money comes from and whos effected.

Any answers?
I own a company with employees, so I can tell you how it works a little bit at least in the states we operate. Every business pays into a state pool for unemployment. There is an annual threshold after which the company is no longer required to pay in. The threshold is based upon the number of employees you have working in a given state. So, if there are 2,000 ERAC employees in a state, they pay for 2,000 employees, but they only pay maybe 2% for the first 10K in wages for an employee in a given year - so $200. It is different from state to state, but we have employees in multiple states, and they are pretty similar.

The rate you pay is based on unemployment claims during the year. If you don't have any claims, your rate will be pretty low - 1.5 to 2% maybe. If you have claims it can rise quickly - up to 5 or 6% even.

So, let's use our 2,000 person example: ERAC has 2,000 EE's in a state. They pay 2% on each person's first 10K in wages for the year. So assumably they would owe 10,000 x .02 x 2000 = $400K during that year.

Now, if they start getting claims that cause them to be paid from the state pool, and their rate rises to 5%, the math becomes 10,000 x .05 x 2000 = $1,000,000.

Chances are it wouldn't be as drastic as this unless they had alot of claims, because it is also based on how much of the state pool was drained for these claims. The state will "true up" your account by forecasting your cost to them in the following year.

Does that help?
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  #5 (permalink)  
Old 2006-04-01
Unregistered
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Default Re: i was fired from erac

Quote:
Originally Posted by jersey boy
what are my rights on collecting unemployment?
You can certainly apply for unemployment and if ERAC fights it, which they always did in my group, you will probably have a hearing over the phone with a judge. As an area manager, I sat in on a couple of these where we had let an employee go. Usually the group HR person will be on the call as well.

To collect unemployment, you have to prove you are not employed - though they want you actively looking for a job (remember the Seinfeld episode with George fabricating employers for the unemployment office). In the aforementioned business I own from the last post, I had an employee who we let go, and the guy filed unemployment. However, he told me that he had been working for his parents' business in the interim for cash. When I filled out the paperwork to refute the claim (obviously, I didn't want our rates to go up), I mentioned this fact, telling them the name of the business and that he specifically told me he was being paid under the table. In the end, our rates didn't go up, so the claim must have been denied.
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  #6 (permalink)  
Old 2007-06-10
Unregistered erac'r
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Default Re: i was fired from erac

Apply for unemployment!!!! It's there for a reason and erac is just being cheap and does'nt give a shit about its employees. I know a couple of people that work in the local unemployment office and when someone apply's for unemployment, they joke about how fast erac will deny the claim stating some bullshit reason. You will have to fight for it, but you can get it.
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  #7 (permalink)  
Old 2007-06-11
Tony Soprano
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Default Re: i was fired from erac

Quote:
Originally Posted by Unregistered View Post
he wont get it. I have never heard of someone pulling off unemployment from the prise.

I have a question. Can someone explain to me how unemployment works. Does unemployment comes from the state or does it comes from ERAC's pockets? I do know that it does not apply for a voluntary resignation, but for a fire/forced resignation/lay off it applies unless ERAC fights it and proves their case. I just want to know where the money comes from and whos effected.

Any answers?
i know a few people that won their claim against ERAC, myself included.
three times they fought it, and three times i won.
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  #8 (permalink)  
Old 2007-07-13
Unfired
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Default Re: i was fired from erac

If you were fired for something serious enough for the state to consider a crime (under the state's Code of Criminal Justice) you won't get anything. Theft, violence in the workplace, and fraud are automatic disqualifications.
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  #9 (permalink)  
Old 2007-07-13
Title: Banned User
 
Join Date: 2007-07-01
Posts: 217
cereal rapist has an average reputation (10+)
Default Re: i was fired from erac

Quote:
Originally Posted by Tony Soprano View Post
i know a few people that won their claim against ERAC, myself included.
three times they fought it, and three times i won.
what did you get fired for?
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  #10 (permalink)  
Old 2007-08-20
Unregistered0000
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Default Re: i was fired from erac

I wasn't so much fired but forced to resign.

Just like in office space, I just decided not to go anymore.

They sent me a letter and said if I didn't contact them by a certain date that it'll be considered as my resignation.

I then collected unemployment without any problems. There is hope out there.
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