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<blockquote data-quote="LittleDudesMom" data-source="post: 370287" data-attributes="member: 805"><p>k,</p><p></p><p>hope the unemployment benefits work out. The contractual work doesn't enter into the equation because the employer didn't pay federal or state unemployment taxes on your pay since you were a 1099 employee (I would tell the folks at the VEC though because it shows full disclosure on your part). I would imagine that you have proof you were on a leave of absence and the job was supposed to be there for you when you returned? If so you should be contacting an employment attorney! Seriously. If there was something in writing that shows you and your employer had an agreement, then it was against the law for him not to have a job for you when you returned - whether is was his idea or yours to take the leave. </p><p></p><p>If you don't have anything in writing, whether it was the employers idea or yours, it's going to be their word against yours. It's not a cut and dry matter for the supervisors at the VEC. They are required by law to send a questionnaire to your past employer to verify the employment dates, salary, and reason for termination of employment that you gave during your interview with the VEC. Once they get the reply from your ex-employer, it will be reviewed. If the employer puts anything different down than you said, you have a chance for rebuttal. Many times there is a phone interview with the past employer if there are issues of "he said, she said". So it's not up to a supervisor to approve your claim without contact with your old company. They first have to get that info. </p><p></p><p>However, having said that, there may be a way to show that you had a minor and there were extenuating circumstances that caused you to leave your place of employ. I'm not sure how that works but I would imagine there may be some loopholes to the general rule of being fired by your employer or leaving on your own disqualifies you for unemployment benefits in our state. You only qualify if you were laid off, the business closed, or the job ended in our state.</p><p></p><p>Good luck.</p><p></p><p>Sharon</p></blockquote><p></p>
[QUOTE="LittleDudesMom, post: 370287, member: 805"] k, hope the unemployment benefits work out. The contractual work doesn't enter into the equation because the employer didn't pay federal or state unemployment taxes on your pay since you were a 1099 employee (I would tell the folks at the VEC though because it shows full disclosure on your part). I would imagine that you have proof you were on a leave of absence and the job was supposed to be there for you when you returned? If so you should be contacting an employment attorney! Seriously. If there was something in writing that shows you and your employer had an agreement, then it was against the law for him not to have a job for you when you returned - whether is was his idea or yours to take the leave. If you don't have anything in writing, whether it was the employers idea or yours, it's going to be their word against yours. It's not a cut and dry matter for the supervisors at the VEC. They are required by law to send a questionnaire to your past employer to verify the employment dates, salary, and reason for termination of employment that you gave during your interview with the VEC. Once they get the reply from your ex-employer, it will be reviewed. If the employer puts anything different down than you said, you have a chance for rebuttal. Many times there is a phone interview with the past employer if there are issues of "he said, she said". So it's not up to a supervisor to approve your claim without contact with your old company. They first have to get that info. However, having said that, there may be a way to show that you had a minor and there were extenuating circumstances that caused you to leave your place of employ. I'm not sure how that works but I would imagine there may be some loopholes to the general rule of being fired by your employer or leaving on your own disqualifies you for unemployment benefits in our state. You only qualify if you were laid off, the business closed, or the job ended in our state. Good luck. Sharon [/QUOTE]
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