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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Here's a question-your opinions are needed
I posted a few weeks ago about an umemployment claim that I never put through because I didn't think I was entitled to because of a severance package. I later found out that I was entitled to the benefits and I should have filed a claim. I call them and asked them to consider the claim. I got a denial in the mail and it was due to a 12 month statute of limitations. I said, ok, well, that was that and I missed the boat.
A few days later I get a call from the local unemployment office saying that they were calling about my claim. I spoke to the woman and she was great. As we were talking about the situation she told me that the law is the law..etc..but I can try to appeal it. Not much hope in getting it turned around..blah..
But as we were talking and she was looking throuhg my file some of the things I indicated on that old file made me think back. The HR department of my old company told me I wasn't eligible due to the severance package, but that was the wrong answer. Also the law about the 12 months doesn't appear anywhere on the website. It is on the labor law for NY website, but what the heck?
So, she said I could appeal it. She said they could conduct a phone appeal and it goes before a labor judge and I have to swear under oath and all that stuff. Ok, that makes me nervous although it's all the truth.
Is it worth it? There is a slim chance it will get overturned. There is nothing in the statute about being misled or about me being stupid and naive.
Should I try?
We are talking about $2400.
Message edited 8/9/2006 5:20:50 PM.
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Posted 8/9/06 5:17 PM  |
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cjb88
Little Brother
Member since 5/05 3540 total posts
Name:
C
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Re: Here's a question-your opinions are needed
Ofcourse you should try!! What is the worse that woul happen... they say no and you waste some time on the phone??
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| Posted 8/9/06 5:39 PM |
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dee7772
My Loves
Member since 5/05 4852 total posts
Name:
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Re: Here's a question-your opinions are needed
I think you should definatly appeal. Its worth a shot, and you could be 2400.oo richer in the end!
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| Posted 8/9/06 5:45 PM |
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Maggie
LIF Toddler
Member since 5/05 404 total posts
Name:
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Re: Here's a question-your opinions are needed
Absolutely appeal it!!!! My husband got laid off with a severance package and at first we were unsure if he was going to get unemployment but he did. The money has really helped. Go for it - it can't hurt.
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| Posted 8/9/06 6:02 PM |
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SweetestOfPeas
J'taime Paris!
Member since 3/06 32345 total posts
Name:
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Re: Here's a question-your opinions are needed
go for it!! you'll never know otherwise 
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| Posted 8/9/06 6:04 PM |
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dpli
Daylight savings :)
Member since 5/05 13973 total posts
Name:
D
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Re: Here's a question-your opinions are needed
I would absolutely do it for that much cash.
If it was hardly any $, I might not bother, but that is a good chunk of cash for what seems like minor aggravation.
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| Posted 8/9/06 6:44 PM |
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MABLE03
I <3 SATC
Member since 6/06 4563 total posts
Name:
Fabulous
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Re: Here's a question-your opinions are needed
Go for it.. the worst case is they say no. Best case is you are $2400+ richer 
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| Posted 8/9/06 6:56 PM |
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Re: Here's a question-your opinions are needed
I would try - it cant hurt - $2400 is a nice chunk of change.
Oh I just thought of something - if you have to take off from work to go to court I would say its not worth it. Unless of course you have a ton of vacation days and you can schedule some other things like dr appts for that day.
Good luck!
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| Posted 8/9/06 7:07 PM |
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Jackie24
~We Did it~
Member since 7/06 6718 total posts
Name:
Jackie
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Re: Here's a question-your opinions are needed
i would definitely try....it cant hurt im sure it will be alot of paperwork and BS but go for it!!!!
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| Posted 8/9/06 8:33 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Here's a question-your opinions are needed
How much of your time is worth $2400? Sounds worth it to me.
Also re: the severance package, do you have any documentation that the HR person told you that you weren't elgiible?
Message edited 8/9/2006 8:41:36 PM.
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| Posted 8/9/06 8:40 PM |
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curliegirl
He's here!!!!
Member since 3/06 10128 total posts
Name:
Gina
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Re: Here's a question-your opinions are needed
Do it, what do you have to lose?
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| Posted 8/9/06 8:50 PM |
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dpli
Daylight savings :)
Member since 5/05 13973 total posts
Name:
D
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Re: Here's a question-your opinions are needed
I would gamble losing a day's pay for $2,400!!
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| Posted 8/9/06 9:06 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: Here's a question-your opinions are needed
I have no documentation that the slimy HR director told me this, but why if I was laid off on Jan 24 did I wait until March 14 to file? I also had to ask her the reason for the termination so we would be on the same page when I filed so a conversation happened. Why else would I wait. I'm almost sure I asked her about unemployment.
The lady at the dept of labor thinks ist's a long shot. I will probably pursue it. It means just a phone interview..
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| Posted 8/10/06 4:37 PM |
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lorich
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Member since 6/05 9987 total posts
Name:
Grammie says "Lora Gina"
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Re: Here's a question-your opinions are needed
oo...I never read this the other day. Definitely appeal it! $2,400 is a lot of money! If all it takes is a phone interview...go for it!
You're certainly entitled to that money especially if there's nothing on the website about the 12 mths...
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| Posted 8/10/06 4:40 PM |
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