I think I am in a pickle. I filed for unemployment for the first time in my life in April 06. It's complicated, so complicated that DES has decided that I lied and is now denying my unemployment and probably going to make me pay back what I have been paid already.

1. What are attorneys called who help with Unemployment issues?

2. My employer sold his company that I worked for 15 years in April 2005. I continued working for him until July 2005. My last check was June 29, 2005. I put down that I was laid off.

During the sale of the company which took 1 year, because it started in January 2004 there were more contracts and changes to the Sales contract that you can imagine it came up that the new employer wanted me to stay and train his Controller on the software, and ins and outs of the company.

I had moved to a small town outside Phoenix in 2003. I was driving 65 miles a day five days a week one way, and I knew I did not want to stay and work for the new company but I agreed to work for three months. While there is no written contract, only a verbal contract with the new owner.

I filed for employment and put down for both employers because I worked for both of them during the 3 month training period that I was laid off.

The new owner denied my claim and said that I resigned.

3. Are there any rules for verbal contracts?

I would like to speak with an attorney in Phoenix and see if he can help me.

Marla

1. attorneys

2. It is really unclear what happened here. If you worked there for a time but decided that you didn't want to work for the new company though offered a job with them, then you resigned. If you were offered continuing employment but decided you wanted to relocate after being in that town for a few years, then you most likely would not be eligible for UC. Most UC is denied or hearings held not because the state thinks you are lying, but because it isn't clear whether or not you are no longer employed for a reason which qualifies you for UC. From what you wrote, it isn't clear at all, so I can imagine a fact finding hearing is necessary.

3. This is way to general a question to answer here. Yes there are "rules" that govern them, but it isn't a straight forward succinct list we can give you.

I am sorry for being unclear.

If I worked for company A for 15 years and they sold the company. Would I be able to get unemployment on company A?

If the new company owner B offered me a job, but I declined it because I lived 130 miles away and it put hardship on me driving back and forth, taking 3.5 hours to get home each day, would that keep me from getting unemployment on Company A?

If I took a contract labor with a start and end date knowned to both employer and employee before hand, did I quit? Was I laid off? Are their rules for this scenario?

If the new job was 3.5 hours away from your old one that would almost assuredly qualify you for benefits. If you never worked for B, then they wouldn't be charged with UC. It sounds like you worked for B as a contractor for some period of time. If you did work for them and decided to decline their offer of a full time job it *may* disqualify you.


I'd file for UC in any case. There is no harm in applying.

Thank you, I will file the appeal and if I have to repay the amount that they have given me, then so be it.

Thank you for taking your time to help me.

M.

I am confused.

How long did you actually perform services for the new owner of your old company? Where did you perform these services, ie, did you do so in the same location as when you worked for the old company?

Also, what reason is provided on the determination from DES that ruled you ineligible to collect?