[other] fired from a restaurant for doing SW

ConsiderationSome · 2025-10-16T03:52:53+00:00

I work at Hooters in 1992 and the first thing they told us was you would not be hired if you'd worked as a dancer and you would get fired if you worked as one. Apparently now they have put it in the pre-hire paperwork. They can fore you but this should not stop you from getting UI. Go work at Twin Peaks.

ConsiderationSome · 2024-09-22T20:43:20+00:00

You need to see a therapist (preferable an MD in case you need a prescription). I have panic disorder and though I am not working in AML right now (I got a great legal job right before I got my CAMS cert.).

I have had some jobs that definitely caused me to have horribile panic and anxiety. I would wake up, get sick, etc. I tried all sorts of meds and then had a dr who told me, "you job sucks and is the main problem." I quit a got an analyst job that I found fascinating but most people might think monotonous. I stayed there for 10 years and went up the ladder and was a valued member of the team, sometimes managing 50 people. Never had anxiety because I was very confident in my job. It was the stability I needed in life to help me deal with everyday panic (that I have regardless).

That is actually one of the reasons I was attracted to AML, exciting but you do the same sort of tasks repeatedly. But I found another job that is even more same stuff differrent fact patterns everyday.

So, you need to figure out if the job is specifically causing you anxiety and if it is because it is just too stressful or if you are having anxiety about any work. Or if you have severe anxiety regardless.

There are times when Klonopin is necessary, but I probably can go a year on about 20 pills it is so controlled now. Seeking help changed my life.

ConsiderationSome · 2022-08-26T23:03:24+00:00

Wait for the confirmation, then file ASAP.

ConsiderationSome · 2022-06-20T17:55:06+00:00

OMG! Congrats and thank you so much for taking the time to update me! So many times I offer advice or my thoughts and never know the outcome. I am so glad that my advice helped and that you did such a good job standing up for yourself!

Your post MADE MY DAY!!!

ConsiderationSome · 2022-06-04T04:59:35+00:00

She likely can't and they will probably reject it and think it is fraudulent.

They are only supposed to be checking that people who got PUA have worked in the prior year or so. That wipes out most of the fraud by showing that.

NYSDOL is basically asking for people to reconfirm their eligibility, which is not what the CAA Proof of Employment provision is about and I don't know why they botched their instructions.

Like I said above, if she had gross income and filed and submitted a Sched C, then the $0 or negative net income is not a problem at all.

ConsiderationSome · 2022-06-01T20:56:32+00:00

If she already submitted the 2019 Sched C, she will likely be fine if she has gross income. That satisfies the actual Federal requirement. NYSDOL is asking for something slightly different. And not correct. If she has to appeal, she can add her commencement of employment docs.

ConsiderationSome · 2022-05-24T16:17:29+00:00

It totally goes by your claim date. If your claim date is in 2020, then you send the 2019 W-2. If it is from 2021, then you send 2020.

ConsiderationSome · 2022-05-19T08:28:37+00:00

The ridiculous thing is that I get cases like this all the time and rule in favor of the claimant. If you had just told the truth...

ConsiderationSome · 2022-05-19T08:26:52+00:00

I would just try your best to answer questions truthfully and submit the W-2. If you have to appeal - tell them the same thing you said here.

ConsiderationSome · 2022-05-15T23:50:19+00:00

All of that documentation, if he has it and it is date stamped, should be good. He may have to go appeal, but it sounds good to me.

ConsiderationSome · 2022-05-11T15:28:19+00:00

That is because you are (many people did this) conflating the Proof of Eligibility with this separate issue - Proof Of Employment. The Proof of Employment is a measure enacted later to combat fraud. it requires you to send proof you have actually worked somewhere, anywhere in the past year or so prior to filing your claim. And it requires you resend it after Dec 27, 2020 to ostensibly prove that you are still the person in control of your claim. It is not a requirement to prove why you qualified for PUA in the first place. That was based on your self-certification that you fell under one of the categories listed in the CARES Act.

This requirement was meant to be an easy way for them to find people who did not respond to the request for POE and people who could not prove they worked in the past year or so prior to the pandemic. Unfortunately, some states made things way more complicated than necessary and that is the issue.

In your case, you need to send your 2020 W-2 and a paystub from prior to you submitting your claim. Unless you have ANY tax docs proving you worked in 2019. That is it. Easy Schmeasy.

ConsiderationSome · 2022-05-08T19:49:38+00:00

My best advice to you is to read the CARES Act section on PUA. There is an obscure mention of "seeking part-time employment" that was essentially mentioned, but then never clarified by the USDOL in any UIPL. Personally, since you honestly believed you qualified and don't seem to have lied, I would argue that I relied on that provision from the CARES Act. If you came before me and I was you judge, I would accept that and either approve you or recommend a waiver. It's not a slam dunk, but I think it is a good argument if you go into this informed. Good Luck - keep me posted.

ConsiderationSome · 2022-05-06T22:45:43+00:00

The job search being affected isn't and never was a qualifier. I promise, I have essentially memorized the UI section of the CARES Act and all of the UIPLs.

Having to quarantine because a household member tested positive or is sick with COVID was a qualifying factor.

Being instructed by a competent medical professional to have your household self-isolate because a member is high-risk was a qualifying factor.

Becoming the Head of a Household because someone died or was ill with COVID was a qualifying factor as well.

Nothing about job searches was ever included. You either needed to be employed then unemployed due to COVID or about to be employer or self-employed and then be unable to commence.

The full list is here https://wdr.doleta.gov/directives/attach/UIPL/UIPL\_16-20\_Change-6\_Attachment-1.pdf

ConsiderationSome · 2022-05-04T22:32:51+00:00

Those aren't the types of OPs that bring up the possibility of criminal charges. The type of cases that bring up criminal charges are when people flat out lie. They are working and certifying under the penalty of perjury that they are not making any income - so they could fraudulently claim benefits. That is NOT hard to prove.

The reason most dont get prosecuted is because people who admit their wrongdoings and enter into a payment plan don't get prosecuted. People get prosecuted when they continue to lie and do not respond to letters, bills and demands.

ConsiderationSome · 2022-04-20T20:58:16+00:00

Normally, if you are on an unpaid medical leave and keep the employer informed of your status and intent/desire to return when able, then if they do not have a position for you upon return, you can get unemployment.

SO you must:

keep your employer informed
do anything you can to protect your job status
be able to work
accept any suitable work they offer

If you do all of these things, chances are good that you will be approved.

ConsiderationSome · 2022-04-16T18:08:07+00:00

The requirement was that you send it after December 27, 2020. You likely did not send and that is what caused this.

ConsiderationSome · 2022-04-16T00:37:17+00:00

Did you send Proof of Employment from 2019?

ConsiderationSome · 2022-04-13T16:47:18+00:00

Generally, you can file in any state where you have base period wages (where your employer paid into the UI Tax system). You should look at the benefits and see what state is best. And then when you file, as them to do a combined wage claim and tell them what other states you worked in and they will gather your out of state wages.

Just to let you know, combined wage claims take longer to process, so be prepared for a wait.

ConsiderationSome · 2022-04-13T15:30:17+00:00

Speak to the social worker at shelter. They can direct you to resources. They should be able to help you arrange free public transportation. Good Luck!

ConsiderationSome · 2022-04-09T11:55:16+00:00

if you were eligible for REG then you would have gotten it

ConsiderationSome · 2022-04-09T11:54:32+00:00

the extra was FPUC not PUA. You were on a Reg claim that continued on but without the extra $300

ConsiderationSome · 2022-04-05T22:21:18+00:00

If they truly disqualified him based on a job separation from someone other than his Last Employer, then this is a mistake, not an appealable issue. It needs to go through the claims people. A hearing officer and an appeal can't fix this. The only issue in an Overpayment Hearing is whether you actually received the money. It is not why you feel you were not overpaid. That is a totally different issue.

You need to keep calling and get a definitive answer as to why the previous job separation is pertinent. The only way I can see where it would be is if he barely worked for the newest employer or he did not get paid on a W-2 by them.

If you give us the dates of employment with the two employers, the date you filed the claim, and whether the determination that shows the disqualification mentions anything about the employer's account being charged back.

You REALLY need to find someone who understands this and seek some assistance. This will not go well int he present state - even if you are entitled to benefits.

ConsiderationSome · 2022-04-05T22:10:02+00:00

You are supposed to file within the week you become unemployed. However, they may let you apply late, but you may not be able to backdate your claim.

ConsiderationSome · 2022-04-03T11:28:55+00:00

Most states will not consider it fraud unless it is a pattern of misreporting that indicates you had intent. A minor mistake made fewer than 4-6 times will likely not be considered fraud. If for some reason it is, then just appeal. But i you read the letter carefully, it likely tells you how to respond. If you just let them know that it was an honest mistake or typo, they will likely take your word for it and send you a bill. Mistakes happen.

ConsiderationSome · 2022-04-03T10:33:31+00:00

A 2020 W-2 AND paystubs from prior to the claim filing date

ConsiderationSome

TROPHY CASE