Please help me understand my UI decision status? (collect, hearing, appeal)

[Chyvan]

Originally Posted by touchstone1766

this is my last two paychecks.
Pay Date Pay Type Total Hours Total Earnings Net Pay
07/12/2018 Regular 5.00 $62.50 $57.71
06/28/2018 Regular 36.50 $456.25 $421.36

This here scares my. That only adds up to $518.75 is this 5 times your weekly benefit amount?

Originally Posted by touchstone1766

me: Abe i'm sorry for the way things worked out but ive been busting my assignment for them since i got back and ginger said kathy (The holiday inn head manager) was happy to have me back so it must have been stephanie. anyways do you think if i got my level three that would help me get a better position is it something you would recommend?

Boss: I will work on getting you another site

You can put your phone on a photocopier and make a copy of these two messages to send in as evidence.

Get a copy of your phone records either through "usage" or a "bill" showing that between 7/22 and now that there hasn't been a single call from your employer. This can be evidence.

These dates look wrong. The last contact was in June, but you say that your last day was 7/22. UI works on LAST DAY WORKED. Just because you sat around doing nothing and delaying filing doesn't change that.

[touchstone1766]

- My weekly benefit amount is about $287/week.

- Im sorry I mistype the 7/22 intead of 6/22

- I made a copy of my call history from July to present I'm using Qlink wireless and I can only find logs from July-now.

Also does this help as a document I received from TWC:

Qualifying Provisions
*You earned enough in your base period to receive unemployment benefits, if you are otherwise eligible.
*Your total base period wages must equal 37 times your weekly benefit amount and you must have worked in at least 2 of the 4 quarters of your base period. If you had a previous claim in a previous benefit year, you must have earned at least 6 times your weekly benefit amount before you are eligible to receive benefits on a new claim.[/b] Did they base my qualification on base period wages?

[Chyvan]

Originally Posted by touchstone1766

- My weekly benefit amount is about $287/week.

- Im sorry I mistype the 7/22 intead of 6/22

- I made a copy of my call history from July to present I'm using Qlink wireless and I can only find logs from July-now.

If the employer says they called prior to July, you have a problem.

You say you quit Securitas in Mar.

Then you say you went back to work for them in Jun.

You didn't work 6 weeks for them again the second time, and you didn't earn 6 times your weekly benefit from them since 6/?? whenever I can't tell.

What was your first day at Securitas after you quit? What was your last day?

Come on. I hate pulling teeth for you to tell your story.

Originally Posted by touchstone1766

Also does this help as a document I received from TWC:

Qualifying Provisions
*You earned enough in your base period to receive unemployment benefits, if you are otherwise eligible.
*Your total base period wages must equal 37 times your weekly benefit amount and you must have worked in at least 2 of the 4 quarters of your base period. If you had a previous claim in a previous benefit year, you must have earned at least 6 times your weekly benefit amount before you are eligible to receive benefits on a new claim.[/b] Did they base my qualification on base period wages?

No. You have to PROVE things. Just because TWC says it doesn't make it true.

Now, it's possible that when you work for the SAME employer that you're not subject to the requal provisions of the law, but I'm not so sure about that.

It's looking like you were truly let go from work.

However, you can't prove that as written that from your last day of work that your employer never called your phone up until sometime in July. A judge might believe that you were called, and then you're in trouble.

Had you been more forth coming in your first thread, I'd have told you to print the phone records before they got too old that you couldn't get them anymore.

Also, if the judge goes back to Mar and says, "you quit," and you didn't meet the requal requirements, you can be denied based on your earlier quit where you said you just walked off the job.

[touchstone1766]

Originally Posted by What was your first day at Securitas after you quit? What was your last day? Come on. I hate pulling teeth for you to tell your story.[QUOTE

Stephanie has a problem with me because I had turned in my 2 weeks notice the first time i had worked there, and she did not end my work day on the date that I had put down so that caused my paycheck to be late plus she told me to take the week off and I would be paid my holiday pay then she turned around and didnt pay me for it and when I confronted her about it she denied ever saying it, even after i immedietly got hired on with securitas to work at holiday inn and I still work there months after that.

[touchstone1766]

[qoute=However, you can't prove that as written that from your last day of work that your employer never called your phone up until sometime in July. A judge might believe that you were called, and then you're in trouble.[qoute]=

-They can't prove it either because they never did right? Im still trying to get a hold of CS at qlink wireless to get a call logs for June.

- Do I stand a chance of winning at all?
- Does it mean If I lost i have to pay it all back? We cant really afford it right now we barely get by lucky we have foodstamps right now.
-My hearing is on 10/1/18 I have to send in this evidence too right?

[Chyvan]

Originally Posted by touchstone1766

-They can't prove it either because they never did right? Im still trying to get a hold of CS at qlink wireless to get a call logs for June.

You're in TX. An employer can testify that they called you. That is proof. You say that they never called you, that is also proof. It's testimony. However, the ALJ is the one that gets to decide who is telling the truth. You've only got a 50/50 chance. You having phone records showing that from some date to now that your employer never once called your phone because you have no missed calls from them is 100% in your favor, and then you don't have to worry about who the judge might decide to believe because you gave the judge something that can't be disputed.

Originally Posted by touchstone1766

- Do I stand a chance of winning at all?

Sure, but it's iffy. You quit in Mar and were rehired, and it looks like you only worked a week. If that comes up, you're sunk.

You said you were laid off. Laid off people have to go back to work when they get called back. Had you said you were fired when you applied, you wouldn't have to deal with this. Jobs offered to fired people are 99.9% of the time unsuitable when offered to a claimant that just hit them up for a UI claim.

You have a lot of issues on that hearing notice.

Originally Posted by touchstone1766

- Does it mean If I lost i have to pay it all back? We cant really afford it right now we barely get by lucky we have foodstamps right now.

Eventually. TX has no waivers. You don't have to take money out of your pocket if you don't want to. You can set your withholding so that you never get a tax refund so TX can't take it, but if you ever need UI again, TX will deduct what you owe them from future benefits.

The only way to get out of paying them is to file bankruptcy.

Originally Posted by touchstone1766

-My hearing is on 10/1/18 I have to send in this evidence too right?

You do what your hearing notice tells you to do as far as submitting evidence.

[touchstone1766]

- I really thought I was laid off because I was told that he will find me a new job post.
- I dont really understand most of the issues on the notice.
- Withholding with my tax refund means they will take it out of my refund?

Thank you so much for patiently helping me understand all this.

[Chyvan]

Originally Posted by touchstone1766

- I really thought I was laid off because I was told that he will find me a new job post.

I never play that game, and it is. Being "fired" is just as qualifying as being "laid off," and more so. It gives you protections that "laid off" people don't get. There is no reason to picked "laid off."

Originally Posted by touchstone1766

- I dont really understand most of the issues on the notice.

There's a separation issue first. They are going to revisit the reason you lost your job. You saying you were "laid off" and the employer appealing hurts your credibility. Had you said you were fired, you'd look more truthful.

Whether the employer will be charged- that means is the employer going to be billed for the cost of your UI benefits. Do you think the employer wants to pay you to do nothing for them and get zero benefit for the money spent?

Whether you told the truth when you applied. Sure, you can spin it to make it look like you had no clue you were fired. You'll get a pass, but whether you want to acknowledge it or not, you saying "laid off" is the reason for the next issue.

Whether you were getting offers of work, and refusing them, avoiding them, or precluding them. Had you said "fired," your employer would have been laughed at for trying to offer you work.

Originally Posted by touchstone1766

- Withholding with my tax refund means they will take it out of my refund?

Yes. If you lose this appeal and get an overpayment, TX will tell the IRS to give them your tax refund until they are paid back. The only way to avoid this is to make sure that come the end of the year when you do your taxes that you owe the IRS or TX will get their money from you.

If you get right down to it, a refund just means that you paid the IRS too much during the year. Instead of using the IRS as bank account, YOU put your money someplace safe so that TX can't take it from you.

[touchstone1766]

- I have faxed them the July, August and september log records and the text messages.
- Is there anything I have to be ready like should I be asking questions or should I just listen to the judge and answer their questions? If somehow the person that represent my employer doesnt appear does it automaticaly means I win the appeal?

[Chyvan]

Originally Posted by touchstone1766

- Is there anything I have to be ready like should I be asking questions

I can't really help you with this. It depends.

At my two hearings, I had two horrible judges. One was worse than the other. I HAD to take control or I wasn't going to get the evidence on the record.

You might have to take control if the judge is allowing inadmissible evidence to be presented.

You just don't know.

Originally Posted by touchstone1766

or should I just listen to the judge and answer their questions?

Again, it depends.

Originally Posted by touchstone1766

If somehow the person that represent my employer doesnt appear does it automaticaly means I win the appeal?

It helps, but you can hurt yourself.

Look, if the employer isn't there, and you say, "yeah, I took $100 out of the till every night, but no one told me I couldn't do that." No, you're going to lose even if the employer isn't there.

For you, you sure don't want to say, "in March I quit and walked off the job." However, you can say, "when the assignment in March ended, I got a new one in June." Let the employer be the one to fill in the circumstances of what happened in March. You want it to look like the employer just transitioned from one assignment to the next so that the Judge doesn't try to hit you with the requal requirements or you'll lose.