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mick · Newbie Joined: 25 Jun 2008 Posts: 2 Career Advice: +0/-0

where do i go from here?
was denied UC benefits from PA, got the notice of determination my employer erroneously paid my wage taxes to Indiana so pa said no unemployment for me.. after a wage investigation they found the monies in Indiana, the UC service center guy called me and told me to file an appeal. so i did, about a week late, BUT the same day he told me to (and that was documented in the system logs that they submitted as evidence). went to see the referee and discussed briefly why i filed a late appeal... and more about why i shouldn't be denied benefits in the first place, i was able to provide proof that all my work was completed in pa ( a letter from my former employer stating all my work was in pa) and pa should of received my wage taxes. this letter was received after the appeal deadline and when i faxed a copy to the wage investigator he said if he had had this earlier he wouldn't of denied me in the first place. however, today i got the referees decision denial due to late filing. shouldn't have the additional information presented to the referee (the letter from my employer) warranted justification to redetermine the original finding? im no lawyer , i need help with this if you guys could toss me a bone.. i have never filed for unemployment before and never want to again after this debacle.

lexa10881 · Posted: Thu Jun 26, 2008 3:54 am Post subject:

They denied you on a technicality....and I think you have fair grounds to challenge and should win. You were having to guess which state, which is unusual. I would consult a lawyer about what to do next.

http://www.cvtips.com/unemployment_how_to_file.html

mick · Newbie Joined: 25 Jun 2008 Posts: 2 Career Advice: +0/-0

ok, so i agree it was a technicality but do you think with me appealing again, to the board in Harrisburg , which they only allow testimony from the referee's session.. do you think that they would focus on the original determination, or would i only be appealing the decision from the referee that i filed late with out good cause.. because its obvious i knew beforehand i should of filed within the 15 day period i was allowed. the only reason i did not request the appeal, i was instructed by the uc rep to wait until they figured out where my wage taxes were paid.. this is what i would think to be a unique situation. once they found my wages the uc rep called me and told me to proceed to the appeal to referee 6/5/08 that very day i sent the appeal request right after my conversation with the uc rep., the notice of financial determination was dead lined the 28th of may.. OK so i know im late.. is there any way to convince the board the UC guys thought they were going to figure it out before it was necessary to file for appeal. the rep i was dealing with sounded confident that we were going to get things resolved, right up until the time that there was a wage investigation that switched my account to the Chester pa office .. I'm 400 miles from Chester.. not sure why my account got redistributed to out there. but it was, if the investigator would of contacted me directly i could of provided the info or the points of contact to talk to within my former company.. and all would of been cleared.. the uc rep even stated that in the referee hearing.. said"if i would of had that info for him a week ago i would not of denied him" .. he said it twice , on record.. this is the guy that did the investigation, this is the same guy that made the determination that i was not eligible..
but because i was late the state of pa has determined i am not eligible for benefits i paid into and i truly think i deserve.
my former employer isn't contesting this.. because the UC reps didn't do their job in the first place.. because they either didn't contact the people that knew my situation or they weren't interested in perusing leads that i have given them to provide timely and accurate information that they could use in this case. i am left jobless thanks to my own company's work force reduction,and benefit-less thanks to either a glitch in payroll's tax reporting or a technicality concerning uc owns advice to tell me to "hold off on my appeal until they figure this all out"..... i really don't know where to go from here , i cant afford an attorney , if i could i wouldn't be filing for uc benefits. it is imperative i get some money from the state , my bills are piling up i have been working on this since march 22nd the date of my layoff.. to no avail, any help would be greatly appreciated thanks in advance.. -Mick

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