Late mail and missed appeal date? (receive, claim, payment, qualify)

[RunD1987]

Hi, contacting unemployment office tomorrow. We received letter on the mail that we had a hearing on March 18th as my Wife's employer contested her unemployment benefits. Wife was on unemployment from June to October.

My Wife did leave work voluntarily but state regulations identify my Wife leaving work made her eligible for benefits due to the clause of "impractical commute". Took a new job in North Carolina in June.

Unemployment benefits were received from Connecticut.

Appreciate any advice or insight.

Plan to reach out to a lawyer as well.

[RunD1987]

Sec. 31-236-23b.*Voluntary leaving to follow spouse

(a) The Administrator shall not disqualify an individual from receiving benefits because the individual left suitable work to accompany such individual's spouse (1)to a place from which it is impractical for the individual to commute(2)due to a change in location of the spouse's employment.

(b) For purposes of this section, "spouse" means the individual's partner in a marriage or civil union legally recognized in the State of Connecticut.

(c) In determining whether it is impractical for an individual to commute from the new place of residence to the individual's place of employment, the Administrator shall consider:

(1) Availability of public transportation;

(2) Personal means of transportation available to the individual;

(3) Common commuting patterns for individuals similarly situated;

(4) The individual's physical condition; and

(5) Actual distance in miles between the individual's new residence and the place of employment.

(d) The individual shall provide the Administrator with available evidence necessary to support the individual's claim that the individual left the employment in order to accompany the individual's spouse to the place of the spouse's new employment. Such evidence may include, but is not limited to:

(1) A letter of offer provided to the spouse by the new employer or a letter from the spouse's current employer referencing a transfer to a new location;

(2) A paycheck receipt from the spouse's new employer;

(3) Workforce agency wage records, or similar records from other government records; or

(4) Any written communication between the spouse's employer and the spouse verifying the employment.

(e) The Administrator may request the spouse's Social Security number for verification of employment.

(f) In the case of military spouses, the Administrator shall not disqualify an individual from receiving benefits because the individual left suitable work to accompany such individual's spouse who is on active duty with the armed forces of the United States and is required to relocate by the armed forces. Such individual, however, shall provide the Administrator with available evidence necessary to support the individual's claim, such as a documentation verifying the spouse's mandatory military transfer.

(Adopted effective November 9, 2010)

[Rabrrita]

Are you claiming this is a trailing spouse situation?

These are no big deal. Most denials are based only on the employers response that it was a voluntary quit. In such cases, the burden is on the claimant to show that the quit was for a statutory allowable reason. If it's a trailing spouse, all that needs to be done is go down the list have have the proper documentation ready for the hearing. When proper documentation is presented, benefits resume.

Now, there is a issue that often comes up with a training spouse claims. A claimant normally can't just up and quit and expect benefits. They usually will be require to show that they sought a "preservation of employment" with the employer. This means they had to tell the employer of the need to move and explored alternatives to quitting. The alternatives are office relocation or remote/telecommute work options. Once the claimant made those attempts, they are in the clear. Not doing so could result in a denial. The sad part is claimants have been denied just because they didn't ask even though they knew those options were not available.

[RunD1987]

Ap

Originally Posted by Rabrrita

Are you claiming this is a trailing spouse situation?

These are no big deal. Most denials are based only on the employers response that it was a voluntary quit. In such cases, the burden is on the claimant to show that the quit was for a statutory allowable reason. If it's a trailing spouse, all that needs to be done is go down the list have have the proper documentation ready for the hearing. When proper documentation is presented, benefits resume.

Now, there is a issue that often comes up with a training spouse claims. A claimant normally can't just up and quit and expect benefits. They usually will be require to show that they sought a "preservation of employment" with the employer. This means they had to tell the employer of the need to move and explored alternatives to quitting. The alternatives are office relocation or remote/telecommute work options. Once the claimant made those attempts, they are in the clear. Not doing so could result in a denial. The sad part is claimants have been denied just because they didn't ask even though they knew those options were not available.

Appreciate that

Wire is a nurse was a family run business so I feel those options wouldn't be viable

The concern is my Wife was approved. Received about 20 weeks of unemployment benefits. Off unemployment benefits for 20 weeks. Why after 20 weeks the employer seeker a hearing.

Concern about the possibility of owing $10K.

[Rabrrita]

If this is a trailing spouse situation, and she followed the procedures with her former employer, and the former employer had no alternatives, she will be approved for benefits.

So:
1. Is this a trailing spouse situation?
2. Did she inform her former employer of this?
3. Did she inquiry about alternatives to preserve employment?
4. Did the employer have no alternatives?

If the answer is YES to all four, she gets benefits. If any is a NO, it could get messy.

[RunD1987]

Originally Posted by Rabrrita

If this is a trailing spouse situation, and she followed the procedures with her former employer, and the former employer had no alternatives, she will be approved for benefits.

So:
1. Is this a trailing spouse situation?
2. Did she inform her former employer of this?
3. Did she inquiry about alternatives to preserve employment?
4. Did the employer have no alternatives?

If the answer is YES to all four, she gets benefits. If any is a NO, it could get messy.

This is the issue

Because in the papers they gave us there was writing due to spouse relocation

The employer knew didn't offer any alternatives

Wife already received the benefits

[RunD1987]

Dumb question if we have to repay could we set up a payment plan

Example pay 50% back over 5 years???

[BobNJ1960]

Originally Posted by RunD1987

Dumb question if we have to repay could we set up a payment plan

Example pay 50% back over 5 years???

In all likelihood, some payment plan can be worked out (perhaps not yours as they will want 100%), although I would expect any tax refunds, or stimulus checks would be seized towards repayment.

[RunD1987]

Noticed something else with the paperwork

One submitted in June states resigned due to relocation

The other says just resigned that was submitted in February

Then the one in June is from an interim HR representative and February is not

[BobNJ1960]

Save the envelope it came in, to show Post Office date stamps.