Appealing unemployment disqualification???

[chieffan123]

I'm in Nebraska if that makes a difference.

Just had the phone interview with the Adjudicator last week and it was determined I qualify for unemployment. There was a 12 week disqualification because I "voluntarily left my job" to buy a restaurant. But since the 12 weeks were past I would start recieving benefits right away. I was very relieved that I had time to find a good job instead of taking any old minimum wage job that came along.

After recieving the Notice of Adjuticator's Determination in the mail yesterday I realized that because of the 12 months that I was self employed I am only entitled to 13 weeks of benefits. Subtract 12 weeks and I will only get one week of unemployment benefits.

My question is has anyone sucesfully appealed this type of disqualification? I thought leaving a job to start my own business was "good cause", but I'm apparently mistaken.

I've spent most of yesterday and today trying to absorb the information on the workfoce development web site http://www.dol.state.ne.us/ATPM/cover.pdf
but can't seem to find a similar situation.

My employer was well known for not firing anyone....instead they would make your life miserable so you would quit. Presumably so they wouldn't have to deal with unemployment claims. I can demonstrate how they made work conditions intolorable and demoted me if need be, which would show good cause, but would prefer not to go there If I can avoid it.

I spent literally 2 hours straight on hold today with Legal Aid Nebraska only to find out they can't help me because of confidentiality reasons. I'm hoping the Nebraska Volunteer Lawyers Project will call me back with some direction. I've googled the topic to death and can't find any help, so any advice even if it's bad would be apreciated.

I'm so frustrated and confused I don't know what to do. After paying rent I'm down to my last 100 bucks with electric, phone, insurance, and water bills all coming due.

[keepmine]

With $100 in the bank, it's time to put this on the backburner and go get a job of some sort.

[Minnymouth]

Since when did you voluntarily leave or quit a job and draw unemployment???????????? Especially to start your own business???

If that was the case, then MANY of us would work a while, quit, and draw............... Then start it all over again when it runs out.....

Unemployment is for when you have been laid off, fired, terminated...........for no reason or just cause on your part......

Hope you have your business going well, cause you aren't going to be living off unemployment.......

If not, best be finding yourself another job......

[chpxiii]

I know that here in Texas, if you voluntarily quit you don't draw unemployment. The only way you can is if you were fired, laid off, or terminated by the company you worked for.

[HRx]

A person can attempt to collect unemployment if they voluntarily quit a , but the employer will just contest/deny the claim, unless you can prove you left for "good cause". Employers also contest/deny unemployment claims if they believe a person was terminated for misconduct--which they have to prove to unemployment's office set-criterias.

[chieffan123]

Since when did you voluntarily leave or quit a job and draw unemployment???????????? Especially to start your own business???

I didn't try to collect unemployment until I was forced to close the restaurant after 12 months and file bankruptcy.

And I don't disagree with keepmine. I've applied at many places with no luck so far. I've just avoided applying at the fast food places 30 miles away up to this point. Guess it's time for a road trip.

[Minnymouth]

When you leave or quit a job because YOU want too..... a company is not going to pay you unemployment to my knowledge..... You might apply for it - be it will more than likely be denied....

Good luck on finding something to help with the finances till you can turn things around for yourself.......

Got news for you - McD's pays better than grocery stores, etc...... plus benefits.............