What to do if I was laid off but unemployment says that I quit my job?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption