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OK so I've been receiving benefits since January of this year. I lost my job in Alaska and moved here to CA. When I moved here in November of last year, I got a job at target but after two weeks, I was terminated because I was a no call no show. I came down with the flue and it simply slipped my mind. Anyway I filled in January of this year and have been recieving them up until October. When it was time for my second extension, I called and was told I had to do a over the phone interview because I told them I worked at target last year. I did the interview today and the guy told me that I might get denied the rest of my benefits just because I got terminated from target last year. He couldn't tell me the outcome for sure so my question would be; can I really be denied the rest of my benefits because target terminated me? I don't think that's fair. I should get the rest of my benefits from my previous employer that I have the right to.
Yes, they can deny your benefits depending on the circumstances of that termination and Alaska law. We have very few posts from Alaska claimants, here, so I have no familiarity with how claimant-friendly or unfriendly that state might be.
The Target termination should have been investigated when you applied for benefits in January, although the UE departments do investigate the same issues more than once, depending on the circumstances of your claim. Every time you transition to a tier, the UE offices are required to perform a new monetary determination which encompasses all past events to determine eligibility for a new state claim.
A quit can prove problematic. However, you did not quit. You were terminated. Normally, a termination will not necessarily result in a denial of benefits unless willful misconduct can be proven. If you had been working for two weeks and then failed to show up one day and didn't call in, that single event, in and of itself, should not result in a denial of benefits even though the employer fired you.
If Alaska denies your benefits on the basis of that one event, you should appeal. I doubt that will happen. If it does, more research on Alaska UE Code will be needed. In most states, your benefits would continue.
The no call no show is grounds to terminate, but not grounds to deny benefits. Its a one time event with no warnings . The guy you did the interview with let you know what could happen but I would be very surprised to hear you were denied.
So, you never applied in AK, at all. Just filed in CA after losing the CA Target job.
CA will contact Target about your termination CA shouldn't give you any trouble on that termination. If by some remote chance CA refuses to continue your benefits, file an appeal. We have many success stories on CA appeals. Also, CA is relatively quick in its review of appeals. It shouldn't come to that.
Make sure you stress in the phone interview that it was NOT your intention to miss your shift, that it was an accident,that you loved your job and really wanted to keep it.
CA is this case will be looking to make your no call/show as intentional. Make sure you repeat, ALL THE TIME,that you wanted to keep your job and you should be fine.
You made a mistake and got no warning...just fired...as long as you can make the deputy believe you liked your job,you wanted to keep it and thatit was an accident,you should be fine.
Make sure you stress in the phone interview that it was NOT your intention to miss your shift, that it was an accident,that you loved your job and really wanted to keep it.
CA is this case will be looking to make your no call/show as intentional. Make sure you repeat, ALL THE TIME,that you wanted to keep your job and you should be fine.
You made a mistake and got no warning...just fired...as long as you can make the deputy believe you liked your job,you wanted to keep it and thatit was an accident,you should be fine.
Im scared about what is going to happen. When i talked to the guy, i told him that i had the flue and i forgot to call in. I was really sick that day and in fact, i left work early the day before because i was feeling ill so target knew i was ill. They called the day after i missed work and told me i was terminated. In my interview, i didn't tell the guy that i took off early the day before because i was sick. I have allot of anxiety be because this just came out of nowhere and i really need the money. Also the fact that you cant talk to anyone makes it even worse so i have to wait stressfully while i wait for a verdict that might take a couple more weeks.
Im scared about what is going to happen. When i talked to the guy, i told him that i had the flue and i forgot to call in. I was really sick that day and in fact, i left work early the day before because i was feeling ill so target knew i was ill. They called the day after i missed work and told me i was terminated. In my interview, i didn't tell the guy that i took off early the day before because i was sick. I have allot of anxiety be because this just came out of nowhere and i really need the money. Also the fact that you cant talk to anyone makes it even worse so i have to wait stressfully while i wait for a verdict that might take a couple more weeks.
Ok , first and foremost, you have a lot of people on here who can more than adequately defend you upon appeal. You wont even need to hire a lawyer. We will gladly do it for you.
Most importantly, understand you have all kinds of FRIENDS on this board. We all have been screwed over by employers and are here to stick up for you.
Sometimes the employer has a case , and we respect those occasions. But this is NOT one of those occasions. You deserve your benefits.
The employer is the reason why you are unemployed. They CHOSE to fire you instead of work with you. They CHOSE to fire you instead of give you a warning and ask if they could help your situation. They CHOSE to get rid of you rather than seek another way to resolve it.
Your no call no show is your fault, but the fact you are here today without a job is your EMPLOYERS choice and they had other alternatives. Therefore THEY are to blame and you deserve your benefits.
Just sit tight and let us know the minute anything changes. Make sure you continue to look for work according to how your state requires.
Ok , first and foremost, you have a lot of people on here who can more than adequately defend you upon appeal. You wont even need to hire a lawyer. We will gladly do it for you.
Most importantly, understand you have all kinds of FRIENDS on this board. We all have been screwed over by employers and are here to stick up for you.
Sometimes the employer has a case , and we respect those occasions. But this is NOT one of those occasions. You deserve your benefits.
The employer is the reason why you are unemployed. They CHOSE to fire you instead of work with you. They CHOSE to fire you instead of give you a warning and ask if they could help your situation. They CHOSE to get rid of you rather than seek another way to resolve it.
Your no call no show is your fault, but the fact you are here today without a job is your EMPLOYERS choice and they had other alternatives. Therefore THEY are to blame and you deserve your benefits.
Just sit tight and let us know the minute anything changes. Make sure you continue to look for work according to how your state requires.
Cheers
Thank you so much for your support. Ive been desperately looking for work but its hard to find, especially here because when i go into these small businesses, they prefer bilingual where i live in Los Angeles and most of the jobs seem to be part time and low wage. I lucked up at Target with a full time job but that is now behind me. I tried recently for seasonal but everyone has already done there hiring. Im going to start this program in the spring at LAVC for a Human Resources assistant certificate. It takes only one semester but ill be in class for hours every day of the week. I have learned the hard way that i need to update my skills. working for a few years in a fish processing factory isn't going to cut it here. The economy is totally different.
After calling over 100 times today, I finally got in touch and the lady told me that I was denied the rest of my benefits because target fired me. Target claimed that they have a policy where if you don't call or show up, then its automatic termination. So I guess I'm screwed. This is really depressing. How am I going to possibly fight this. Even though they knew: was sick when I left work early the day before, because I forgot to call in with me having the flue and all, I was still terminated.
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I was denied
