http://www.mopro-three.net/blog/rss/feedsWed, 29 Apr 2026 17:23:32 -0700http://www.mopro-three.net/blog/post/bait-and-switchhttp://www.mopro-three.net/blog/post/bait-and-switchThere are times when an employer has a particular job or jobs that they are having problems getting people to do. You may have been brought in to do job A but find out after you get there that you are doing job B that you did not sign up for. This typically happens with a job that tells you that you will make a lot of money and when you take the job, you find that it is based on commission. If this has happened, you may receive unemployment benefits. You will have to prove that the reason you quit was because job A was much different than job B. During your interview, tell Unemployment Personnel that your qualifications and experience clearly dictate another type of job Tell them that this is the reason why you left your job of five years and that had you know you were actually getting job b, you would have never left it. Bring with you a copy of the ad you answered and any job description they may have given you. You will need to also tell them about your conversations with the employer when you told them that this was not what you believed you were hired for. What did they do to help the situation if anything? Refer to the title of the job to help hit the point home that they are totally different. If there is a salary difference based on this, explain that as well. Tell the interviewer that someone else received a promotion and they decided to give you this job as you speculate as to what has happened. You want to create the reasonable doubt in their mind.Thu, 26 May 2011 15:15:00 -0700http://www.mopro-three.net/blog/post/benefit-formula-for-construction-workershttp://www.mopro-three.net/blog/post/benefit-formula-for-construction-workersEffective with Benefit Years commencing on or after April 1, 1996, individuals will be identified as construction workers using the National Council of Compensation Insurance Classification codes reported by the employer. Such individuals will be entitled to a Weekly Benefit Rate based on 1/26 of the total wages paid during the highest quarter of wages in his or her Base Period. Example: Highest quarter of earnings = $4,000 Divided by 26 = $153.85 Rounded down to = $153 The total Base Period wages would have to equal at least 40 times the Weekly Benefit Rate of $153, or $6,120, to qualify.Thu, 26 May 2011 15:00:00 -0700http://www.mopro-three.net/blog/post/additional-hurdleshttp://www.mopro-three.net/blog/post/additional-hurdlesThere are additional hurdles that must be met in certain situations. If you are enrolled in school, you must have it approved by your unemployment agency. You must also explain how your classes will not prohibit you from seeking employment or that you will stop going to school if it keeps you from finding a suitable job offer. Earned Income If you decide to work a part time job after actively looking for work, you may have an additional hurdle if you lose that job and become unemployed again. If you have not earned at least $3000 during the one year period after filing unemployment, called the “base period”, you will not qualify for unemployment. This is something to consider when you move from full time employment to part time employment. Make sure you explore all full time avenues prior to taking on part time employment. It is advisable that part time employment is only worked for a short time. New Job A new job presents a lot of promise. If you new job lets you go before you have been there for three months or even closes due to restructure or downsizing, you will not qualify for unemployment benefits. This could put you in a bad predicament. Do your research on a new employer. Make sure you know more about the employer than just the new rate of pay. Thoroughly research you new employer to see if they will be around for awhile. If they are constantly in the news for various wrongs, do not sign up to work for them.Thu, 26 May 2011 00:00:00 -0700http://www.mopro-three.net/blog/post/losing-unemployment-benefitshttp://www.mopro-three.net/blog/post/losing-unemployment-benefitsYou can lose your benefits if you don’t: register as directed with the Job Servicereport each weekactively look for a job (and have proof that you’re looking)Thu, 26 May 2011 00:00:00 -0700http://www.mopro-three.net/blog/post/strike-benefitshttp://www.mopro-three.net/blog/post/strike-benefitsIf you are unemployed due to striking, benefits are not paid to you during your first 14 days of unemployment. If the strike is not authorized by the national office of the labor organization or in violation of the Railway Labor Act, you will not receive unemployment benefits if you participate in the strike. If you do not participate in the illegal strike, you will receive benefits after the first 14 days.Thu, 26 May 2011 00:00:00 -0700http://www.mopro-three.net/blog/post/car-problemshttp://www.mopro-three.net/blog/post/car-problemsCar problems can really get you into trouble with your job. If you have an old clunker that finally gave out, you will have to consider what your next steps will be in order to get to work. The problem is that you may not have enough money to get a new car or get your old one fixed. Depending on where you live, public transportation may not be available and if it is, may not get you to your employer. During you interview, tell them that you have always used this car to get to work and the fact that it no longer works put you in the predicament you are in. Talk about the fact that you considered other options to get to work and state what those are including walking. If you considered carpooling with a co-worker, state that as well and the reasons why it didn’t work out (children, school, etc). It is best that you walk the interviewer through everything you thought of and did before you came to the conclusion that you had to quit your job. Talk about how much you enjoyed your job and that you were really good at it. If there were other problems with a supervisor or another work, this is not the time to bring this up. Stick to talking about your transportation issues. Your transportation problems are the reason why you quit and nothing else. If your employer relocated to further away, this may be the reason that you are unable to work there. If your employer leased their building, but decided to buy a building 100 miles away and it took its toll on your older car, tell your interviewer this. It may not have been something that happened right away but over time caused significant wear and tear on the car which contributed to its demise. When you are talking with your interviewer, state that you are very confident that you can find new work quickly closer to your home. If your car no longer works, tell them that you will find work on the bus line or at a family member’s employer and you will go into work together.Thu, 26 May 2011 00:00:00 -0700http://www.mopro-three.net/blog/post/ineligibilityhttp://www.mopro-three.net/blog/post/ineligibilityThere are certain situations where your state will determine you are ineligible for unemployment such as: Loss of job due to willful misconduct. This is a very serious offense. When you were employed, you would have disobeyed a known company rule on purpose or willfully. Most employers have a process they go through to get to a termination stage. You employer would have met with you on many occasions advising you of the discretion and then the situation happened again and again until it was time for dismissal. If you were not made aware of company rules or not notified of the discretions, you may have a legal issue with your former employer. This book will not elaborate on employment law issues. It is advisable for you to speak with an attorney in these cases. If you were terminated because you did not perform well in a job, you may still be eligible.Being a part time worker. As a general rule, part time workers do not qualify for Unemployment benefits however some states approve these claims. It is important to review your state’s rules on Unemployment benefits. You can find specific rules listed at the end of this book.Severance. If your employer offers a severance package, it may affect your Unemployment benefit.Being Self Employed. Business owners are not eligible for Unemployment benefits due to being self employed.Someone who is on vacation during the time they are unemployed, will not receive an Unemployment benefit because they are not available work.Disaster Unemployment benefit is available for people who have become unemployed due to a disaster. This is funded by the Federal Emergency Management Agency as opposed to the state funding.Being a temporary worker. Temporary workers have a difficult time proving they did not voluntarily quit a job when they are between assignments. Some states ask you to prove there is now work by calling the temporary agency to inquire if work is available.Someone who is making low wages. Low wage workers may not be eligible for unemployment benefits. Low wage workers making $8 or less may not meet the minimum earning requirements. Eligibility is based on total earnings and not hours worked.Receiving Social Security retirement benefits. You may not get your full unemployment benefits.Independent consultants, contractors and those who receive sales commissions are generally not eligible for unemployment benefits. If you are a salesperson at a car dealership and are terminated, you will have to prove that you deserve unemployment benefits by showing how often you worked, telling how you were supervised, and discussing your job duties. If you were viewed as an employee and was responsible for completing job duties that were necessary for the business, you may have a case to file an appeal.If you lose your job due to downsizing, you will likely receive unemployment benefits.If your hours have been cut at work, you may not be eligible for unemployment benefits. It will depend on your state’s requirements.If you retire from a job voluntarily, you may not receive unemployment. You will have to proof to your state’s unemployment office that the retirement was not voluntary.Being a worker for church or for a religious organization. You will not qualify for unemployment benefits.Being a trainee. If you are a trainee at a public or non-profit organization. You will likely not receive unemployment benefits.Being a work-study jobholder. If you have this type of job at a college or university, you will not receive unemployment.Being a babysitter.Being a newspaper carrierBeing a medical internBeing a real estate broker or agent that works only on commission.Being an employee of a foreign governmentBeing an elected official or certain government employeesBeing an undocumented immigrant.Thu, 26 May 2011 00:00:00 -0700http://www.mopro-three.net/blog/post/where-to-file-your-claimhttp://www.mopro-three.net/blog/post/where-to-file-your-claimAlabama Alabama Department of Industrial Relations By Phone: 1-866-234-5382 Online: https://dir.alabama.gov/uc/Claims/default.aspx Alaska Alaska Department of Labor and Workforce Development By Phone: 1-888-252-2557 Online: http://www.labor.state.ak.us/esd_unemployment_insurance/biff-splash.htm Arizona Arizona Department of Economic Security By Phone: 1-877-600-2722 Online: https://secure.az.gov/az/des/azui/ESA/UI/InitialClaims/Index.aspx California California Employment Development Department Home Page By Phone: 1-800-300-5616 Online: https://eapply4ui.edd.ca.gov/?gclid=CODjwMjVoqoCFcgZQgodT00lWQ Arkansas Arkansas Department of Workforce Services By Phone: 501-907-2590 Online: http://www.arkansas.gov/esd/ARClaimHelp/EZARC.htm Colorado Colorado Department of Labor and Development By Phone: 1-888-550-2800 Online: https://wwws.coworkforce.com/UIIC/ Connecticut Connecticut Department of Labor By Phone: 1-800-942-6633 Online: https://iic.ctdol.state.ct.us/welcome.aspx District of Columbia District of Columbia Department of Employment Services By Phone: 202-724-7000 Online: Online: https://does.dcnetworks.org/InitialClaims/ Delaware Delaware Department of Labor By Phone: 1-800-794-3032 Online: http://www.delawareworks.com/Unemployment/services/applicant.shtml Florida Florida Department of Labor By Phone: 1-800-204-2418 Online: https://www2.myflorida.com/apps/uc/fluid/WarnMsg.asp?ClmLang=e Georgia Georgia Department of Labor By Phone: 229-430-5010 Online: https://www.dol.state.ga.us/WS4-MW5/cics.jsp?TRANSID=BP14&FRMNAME=BP14A Hawaii Hawaii Department of Labor and Industrial Relations By Phone: 808-643-5555 Online: http://hawaii.gov/labor/ui Idaho Idaho Department of Labor By Phone: 208-334-4700 Online: http://labor.idaho.gov/IW/UIClaim/Main.asp?strMenu=FILECLAIM Illinois Illinois Worknet Centers By Phone: 1-888-367-4382 Online: http://www.ides.state.il.us/ietc/network/index.asp Indiana Indiana Department of Workforce Development By Phone: 1-800-437-9136 Online: http://www.in.gov/dwd/2609.htm Iowa Iowa Department of Labor By Phone: 1-877-891-5344 Online: http://www.iowaworkforce.org/ui/file1.htm Kansas Kansas Department of Labor By Phone: 1-800-292-6333 Online: https://www.uibenefits.dol.ks.gov/default.asp Kentucky Kentucky Office of Employment and Training By Phone: 859-547-3362 Online: https://uiclaims.des.ky.gov/ebenefit/ Louisiana Louisiana Department of Labor By Phone: 1-866-783-5567 Online: https://laors.laworks.net/laclaims/claim/Index-Form.asp Maine Maine Department of Labor By Phone: 207-753-2800 Online: https://portalxw.bisoex.state.me.us/mics/ Maryland Maryland Department of Labor, Licensing and Regulation By Phone: 1-800-827-4839 Online: http://www.dllr.state.md.us/employment/ui/index.html Massachusetts Massachusetts Department of Workforce Development By Phone: 1-877-626-6800 Online: https://ipasssecurity.detma.org/ipass/loginnew.asp?ipc=3 Michigan Michigan Unemployment Insurance Agency By Phone: 1-866-638-3993 Online: http://www.michigan.gov/uia/0,1607,7-118–77962–,00.html Minnesota Minnesota Department of Employment and Economic Development By Phone: 1-877-898-9090 Online: https://www1.uimn.org/ui_applicant/applicant/login.do Mississippi Mississippi Department of Employment Security By Phone: 1-866-844-3577 Online: http://mdes.ms.gov/wps/portal/ Missouri Missouri Department of Labor and Industrial Relations By Phone: 1-800-320-2519 Online: https://www.ui.dolir.mo.gov/som/ Montana Montana Department of Labor and Industry By Phone: 406-444-2545 Online: https://app.mt.gov/ui4u/index Nebraska Nebraska Workforce Development By Phone: 1-877-725-9918 Online: https://uibenefits.nwd.ne.gov/BPSWeb/jsp/BPSClaimantLogin.jsp Nevada Nevada Department of Employment, Training and Rehabilitation By Phone: 1-888-890-8211 Online: http://www.ui.nvdetr.org/UI_Agreement.html New Hampshire New Hampshire Department of Employment Security By Phone: 1-800-266-2252 Online: https://claims.nhes.state.nh.us/weblogic/Welcome New Jersey New Jersey Department Labor and Workforce Development By Phone: 732-761-2020 Online: https://wnjpin.state.nj.us/cont/index.html New Mexico New Mexico Department of Workforce Solutions By Phone: 505-437-9210 Online: http://uiclaims.state.nm.us/uiclaim/html/UICHome.html New York New York State Department of Labor By Phone: 888.209.8124 Online: https://ui.labor.state.ny.us/UBC/home.do North Carolina North Carolina Employment Security Commission By Phone: 919-707-1290 Online: http://www.ncesc.com/individual/UI/uimain.asp North Dakota North Dakota Job Service By Phone: 1-888-263-3453 Online: https://secure.apps.state.nd.us/jsnd/uiiaclaims/login.htm Ohio Ohio Job and Family Services By Phone: 877-644-6562 Online: http://unemployment.ohio.gov/ Oklahoma Oklahoma Employment Security Commission By Phone: 405-525-1500 Online: https://unemployment.state.ok.us/ Oregon Oregon Employment Department By Phone: 877-877-9996 Online: https://ssl6.emp.state.or.us/ocs4/ic/ic-step1.cfm?ID=17029329&lang=E Pennsylvania Pennsylvania Department of Labor & Industry By Phone: 717-787-5488 Online: http://www.dli.state.pa.us/landi/cwp/view.asp?a=152&Q=59265&landiPNavCtr=&905? Rhode Island Rhode Island Department of Labor and Training By Phone: 401-243-9100 Online: https://uiclaims.state.ri.us/RI-ICS/Intro/index.aspx?AC=yes South Carolina South Carolina Employment Security Commission By Phone: 803-737-3071 Online: http://www.sces.org/ui/claimant/index.htm South Dakota South Dakota Department of Labor By Phone: 1-800-309-4232 Online: http://www.sd.uidclaims.com Tennessee Tennessee Department of Labor and Workforce Development By Phone: 1-877-813-0950 Online: https://www.tennesseeanytime.org/labor/uib/index.html Texas Texas Department of Labor and Workforce Development By Phone: 1-800-939-6631 Online: https://ui.labor.state.ny.us/UBC/home.do?FF_LOCALE=1 Utah Utah Department of Workforce Services By Phone: 1-888-848-0688 Online: http://jobs.utah.gov/ui/WebInitialCubs/Welcome.aspx Vermont Vermont Department of Labor By Phone: 1-800-983-230 Online: https://uipublic.labor.vermont.gov/Claimant.html Virginia Virginia Employment Commission By Phone: 1-800-782-4001 Online: http://www.vec.virginia.gov/vecportal/unins/insur.cfm Washington Washington Employment Security Department By Phone: 1-800-318-6022 Online: https://fortress.wa.gov/esd/uia/icintro/intropage.aspx?lang=en-us West Virginia West Virginia Bureau of Employment Programs By Phone: 304-558-4686 Online: http://www.wvuc.state.wv.us/bep Wisconsin Wisconsin Department of Workforce Development By Phone: 1-800-822-5246 Online: https://ucclaim-wi.org/InternetInitialClaims/InfoBasicRequirements.asp Wyoming Wyoming Department of Employment By Phone: 1-866-729-7799 Online: http://wyui.doe.state.wy.us/Thu, 26 May 2011 00:00:00 -0700http://www.mopro-three.net/blog/post/unemployment-hearinghttp://www.mopro-three.net/blog/post/unemployment-hearingThe Hearings are very informal. The Referee will introduce himself and explain the procedures. It may include the initial report that was made by Unemployment personnel. You will be given the opportunity to present your side of the equation but if it differs greatly from what the Referee sees, be prepared to explain why. All parties and witnesses testify during the Appeal under oath. During the hearing proper decorum is expected for court. Threatening language or actions toward anyone will not be tolerated. Hearings are informal. Plan to arrive at least ten minutes before your appointment time. The hearing will be recorded as an official record of the proceeding. The Referee explains the procedure and reads into the record the relevant information already on file. This may include the fact finding report and all other documents from the first hearing at the Job Center. You are not bound by the statements in the fact finding report and will be given an opportunity to present your version of the facts fully. However, if your testimony differs from your fact finding statement, you should be prepared to explain why. All parties and witnesses must testify under oath. During the Appeal Hearing, present your description of the events and a timeline. Make sure to present any documents you have concerning the issue. Bring all witness who were directly involved. If you quit your job, you will have to prove that you left for a good cause that was related to your employer. You may also be asked if you are able to work and available for new work. Be prepared for this question by listing the names and address of employers of jobs you applied for and the dates. The Referee will ask many questions as he or she tries to get to the point where they can make a determination. Give an accurate account of what happened. Do not ramble on about items that do not concern the Referee. During the meeting you will be allowed to question witnesses and your former employer. Your former employer may be at the Appeal meeting along with the Administrator. The hearings are open to the public, but usually only the parties involved attend. If you feel that the hearing may present sensitive information, you can ask for the Referee to close the hearing to the public. You can send your information ahead of your meeting or bring it with you. If you forget to bring something related to the hearing, ask the Referee to continue the hearing so you can get your information together. Remember you must have a good reason for the Referee to allow a continuance. The rules of evidence do not apply. The law allows the Referee to question the parties and review all documents to ensure justice for both parties. Hearsay testimony which is evidence of statements made by people not present at the hearing may be acceptable. If your employer offers direct testimony on an issue and you reply with only hearsay evidence, the Referee will give greater weight to the testimony of the employer. Make sure to bring people who witnessed or who have first-hand knowledge of the events that lead up to your separation. In Lower Appeals cases involving a termination of employment, the employer will testify first. In cases involving a resignation from employment, the claimant will testify first. After each witness testifies, the other party will be able to ask questions or cross examine. Make sure not to interrupt the proceedings, even if you do not agree with what the witness or the former employer is saying. You will always have the opportunity to present your side. If you are bringing paperwork to be admitted as evidence, you should prepare three copies. You will not be able to make copies at the hearings.Thu, 26 May 2011 00:00:00 -0700http://www.mopro-three.net/blog/post/drug-usehttp://www.mopro-three.net/blog/post/drug-useThere is a difference between drinking and being drunk at work. If your former employer fired you because you were drinking, you will be able to defend yourself at your unemployment hearing. If you didn’t drink anything, how did the charge come about? Is it because of a cough medicine that you took last night? Sometimes the cough medicines have some alcohol in them that could be present on your breath the morning after you take it. If you did drink something before work or during your work time, you must make sure you tell your interviewer that you didn’t know drinking during work was not allowed. Explain that you went to lunch and had a drink with your lunch. That you were thirsty and grabbed a drink because you knew it went well with your lunch. This is especially true if you work 2nd shift when your lunchtime is actually your dinner time. Explain that you have done this in the past and even joked with your supervisor about it. The interviewer will wonder why this particular time it became a problem versus the other times before. Were you able to complete most of your job tasks that day? Were you able to drive to work that day or did you carpool? The answers to these questions will help you establish that you were not impaired. Your former employer could possibly believe based on your behavior that you were under the influence of drugs. You may have not felt well that day and taken over the counter cold medicine which can make you groggy. You may have not slept well and taken sleep medication that hasn’t worn off. If your employer didn’t make you take a drug or alcohol test, the burden of proof will fall back on them to prove that you were under the influence. If they didn’t send you for a test, you may wonder why they didn’t if they allege that this is the reason why you were terminated. Tell them that you would have submitted to a test if you would have been asked to do so to prove your innocence. Make sure that you get this point across to Unemployment Personnel.Thu, 26 May 2011 00:00:00 -0700