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What is considered good cause for late filing of unemployment (Kansas)?

Basically, I got laid off for lack of work in July, and my last day of actual work was July 3rd. My first day of being laid off was July 5th. I was very confident in my ability to find another job. In order to avoid having to draw unemployment in case I found another job, I used what little savings I had to pay my bills. I scraped by, but was careful and made it last. But it has been three months now and I am becoming steadily behind on my bills!! I filed for Unemployment on September 28th, and also applied to have my claim backdated to receive my Unemployment from when I was initially and legitimately off of work. They asked why this was, and I told them the honest truth: I was initially avoiding having to take Unemployment if I didn't have to, because why would I take this money if I could find a job in a short time, therefore skipping the necessity to draw in the first place? I didn't want to use the State's resources if I didn't have to.

Today, I got a letter in the mail stating that "Backdating of this claim is denied under the provision of Kansas Administrative Regulation 50-3-4. Ineligibility begins 07-01-2012 and ends 9-22-2012. Findings: Claimant established a claim. Claimant requested that the claim begin prior to the effective date. THE CLAIMANT HAS NOT ESTABLISHED GOOD CAUSE FOR LATE FILING OF THIS CLAIM." I only have a small window of time to send an appeal back to the Department of Labor for the backdating.

So what is "good cause"? Why was my honest answer to them not considered "good cause" for backdating? Will sending an appeal re-stating that I was initially trying to avoid drawing Unemployment in the first place solve this problem? What should I do?

2 Answers

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  • 9 years ago
    Favorite Answer

    My best advice would be to show this to a lawyer.

    A short meeting to determine whetehr or not you need the services of an attorney is not charged, and they may be able to give you some quick advice as to what to do about this.

    Work from here:

    https://www.getkansasbenefits.com/documents/eligib...

    You will need to demonstrate that you constantly were looking for work- part of the process of getting benefits involves reporting all of that, and demonstrating that you weren't just sitting around having a great vacation. They may not buy your explanation about trying to avoid taking the benefits altogether, because it would also be possible for someone to burn up what money they had doing nothing, and then file later when things got desperate. Not saying that's what you have done, just that is what they may see in other cases...and a possible explanation for the denial of benefits.

    You will likely need to appeal, and that needs to be done very quickly before you lose that option.

    Assemble as much material as you can that proves you have been applying for appropriate full time jobs in your field, and make sure the evidence is received by the appeals judge in time. You should probably also include your bills for that time period, as well as bank statements and checks paid out to the bills. Anything that could substantiate your claim that you had every reason to expect to be employed by now, and that you would have been able to cover your bills.

    Make sure you also include documentation on your layoff - they do want to know why you lost your job, and a layoff looks a lot better than getting fired. Go through that list, and explain everything you can- you're going to need it. Sadly, the system is set up for people who take the benefits right away. Thanks for trying to be honorable, but as you can see, it doesn't pay...at least if you're unemployed.

    Good luck!

  • 5 years ago

    For those who damage policy then that is a just rationale to fireside you. There is not any legal guidelines that defend an employers hair while on the job. Organizations are allowed to put into effect gown codes.... This involves good saved hair, minimal piercings, minimal/no tattoos, etc. And for those who dont comply with them you'll be in violation of the policy and risk being fired. As for filing for unemployment, you do not qualify, in view that you have been fired with reason.

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