What to do if I was laid off but unemployment says that I quit my job?
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What to do if I was laid off but unemployment says that I quit my job?
I was collecting unemployment. I can prove that I did not quit. They are trying to stop my payments. Can they do this? I collected for 2 months.
Asked on October 18, 2011 under Employment Labor Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
This is a factual, not a legal issue.
Legally, IF you did leave your job voluntarily, you are not eligible for unemployment insurance or compensation--there is no dispute or question about that.
The issue here is factual therefore: did you quit, or where you laid off or fired? What evidence do you have that you were laid off or fired? Ideally, you should get a lawyer to help you appeal this determination; but whether or not you get an attorney, you should be able to appeal it, first internally through the unemployment office, using their own appeals process and then, if that doesn't work, potentially through the courts by bringing a lawsuit or legal action. Before doing this, gather your evidence of being laid off: any witnesses, memos, emails, etc. Good luck.
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