Vivinavi : Hawaii : (United States) Hawaii

• ひろぽん
• 2021/10/12 (Tue) 01:25
• Report

Sunset
Thank you for all your helpful information.

I have a question and emailed you.
I have been laid off since 4/2 last year. I have not worked since my termination, but this year I received my annual bonus payment from the company. In June of this year, I received an email from the UI office asking me to file an Initial Claim, but since I have not resumed work, I called UI and sent them my bonus statement as instructed, and my payments were immediately restored.
The payment ended on the 4th of September, and I filed an Initial Claim and the Confirmation Letter showed the amount allocated, but the payment was still Pending. Today, I called the UI office and was told that I was disqualified because I had not resumed work after being temporarily laid off. I called the UI office today and was told that I am Disqualified because I have not resumed work since I was laid off. I asked him what the difference was. I asked him what the difference was and he replied, "Because you contacted me honestly..." What an unreasonable reason. When I tried to say something more, he started yelling at me, and I didn't want to make it sound like I was telling them about a co-worker, so I ended the call. I understand that I am Disqualified because I did not meet the requirements set forth and I deserve it. I just don't think it's right that some people get it and some don't without proper investigation. Can I file such a complaint somewhere ？?

• sunset
• mail
• 2021/10/12 (Tue) 11:54
• Report

Hiropon,

"I received an email from the UI office in June this year asking me to make an Initial Claim, but since I had not resumed work, I called UI and sent my bonus statement as instructed and was immediately paid back to normal. I called UI and sent them the bonus details as instructed. The payment was made on the 4th of September and I filed an Initial Claim. Today, I called the UI office and was told that I was disqualified because I had not resumed work after being temporarily laid off. On the other hand, a coworker who worked on the exact same Title ™ as me (he is a manager, so he has the exact same amount of pay and situation) and has never returned to work as well, made an Initial Claim as of July and has been paid for 26 weeks from there."
↑
As far as I can read, the same manager colleague has more new WBA than the current WBA due to the $25 difference rule, so it is likely that his payment under the new WBA automatically started in July.

At the time of the PEUC program, those who applied for a second Initial Claim and had fewer new WBAs than current WBAs were automatically cancelled when they submitted a second Initial Claim application, or given the option to choose the current WBA and PEUC continuation. At that time, the new rules for the second Initial Claim application submitted after September had not been decided.

Just a point of curiosity, even though they are the same manager class, their respective salaries （ including bonus amount ） may be somewhat different depending on their start date of employment and manager history ？

"PEUC In the "$25 difference rule during the program", as Hiro Pon knows, the same workplace, the same position, and the same time of unemployment do not make all the results the same, and the results will be different depending on the amount of salary. The results will be different depending on the amount of salary.

"And you contacted me honestly..." This was a very unreasonable reason. When I tried to say anything more, the tone turned to yelling."
↑
It seems there is one staff member in the call center who gives answers that don't add up and has a yelling tone. It seems there are several locals who have been treated in the same manner. Since this has not happened for a while, I think it is probably a new staff member of the same person. Did you get the name of that staff member ？ I would suggest you give Legal Aid Hawaii the number, day, and time you called.

"Is UI really doing an investigation ？ I am not convinced and feel bad. Can we file such a claim somewhere ？ Can we file such a claim somewhere ？"
↑
Legal Aid Hawaii.

You can submit it by clicking on "Online Intake" at https://www.legalaidhawaii.org.

If you do not need an interpreter, call.
808-536-4302
9:00 am-11:30 am or 1:00 pm-3:30 pm, Monday-Friday.

Just keep in mind, we don't want to "speculate" that because they are in the same managerial class they are paid the same. You need to have "proof". Without that documented proof, Legal Aid is unlikely to move against the UI office. However, even if you name the manager's colleagues, Legal Aid Hawaii, the UI office, and HR in the workplace have a duty of confidentiality regarding their personal information, so the "evidence" line risks being counterproductive.

So, my suggestion is to focus on your own Unemployment Insurance History and ask yourself if you would have had more new WBA than current WBA if you had filed a second Initial Claim in June ？ When you reported your bonus statement, did the UI office What if you ask the UI office through Legal Aid Hawaii to investigate how the UI office processed the continuation of the PEUC program when you reported your bonus statement? As we have shared in past topics, last year Legal Aid Hawaii asked the federal Department of Labor to take a closer look at the Hawaii State UI Office because of its sloppy handling of the situation. The audit by the federal Department of Labor has improved the setup in the UI office.

However, in light of recent cases of the UI Office mistakenly sending approval letters to people who have never resumed work, I personally believe that the UI Office in Hawaii should be penalized by the federal Department of Labor.

I think it is not a waste of time to have your voice heard by Legal Aid Hawaii.

• ひろぽん
• 2021/10/12 (Tue) 15:45
• Report

Sunset

Thanks for your quick reply.

Just wondering, even though they are the same manager class, their respective salaries （ including bonus amount ） may be different depending on their starting time of employment and manager history ？
"$25 during PEUC program In the "difference rule", as you know, Mr. Hiroppon, the same workplace, same position, and the same time of unemployment do not make all the results the same, and the results will be different depending on the amount of salary. The results will be different depending on the amount of salary.

↑ Our manager titles are unfortunately paid exactly the same salary. Also, the bonuses paid are exactly the same. My colleague does not have a second job either. The situation is exactly the same as mine. I am sure this is because we have discussed this with each other since we started applying for UI. The only difference between the two of us is that when I received the July Initial Claim email, I did not do it and call the UI office and honestly tell them that I have never gone back to work and she did not do it and did her Initial Claim and started her 26 weeks of payments. The people who received this July Initial Claim email and did do the Initial Claim had to have "resumed work at least once." ？ If that was not the rule, does that mean I could have made an Initial Claim at that time and received my 26 weeks from July ？ My recollection is that if you never resumed work, you had to contact them and they would have to miss it. I understood that if I failed to do so, my account would be frozen because of Glitch.

Just keep in mind, you need to have "proof", not "speculation" that because they are the same manager class, they are paid the same. Without that documented proof, Legal Aid is unlikely to move against the UI office. However, even if you name a manager colleague, Legal Aid Hawaii, the UI office, and HR in the workplace have a duty of confidentiality regarding their personal information, so the "evidence" line risks being counterproductive.

↑ This is not speculation, but fact. I have shown you my statements and discussed them with you. However, I don't have the peas in my hand. This kind of thing makes me regret my honesty. I also wonder if a public institution can do such an unreasonable and unfair thing. I am sorry that my last comment is like a complaint. I would like to move on rather than speaking such negativity, but I guess I just cannot agree with myself because "Be fair to everybody" is what I have always taken care of in my work.

• ひろぽん
• 2021/10/12 (Tue) 18:23
• Report

Mr. Sunset/Marron

Thank you for sharing Marron's situation.

＞ Like Hiropon, I was temporarily laid off from the end of March last year, never worked, and since my bonus payment was more than 5 times of WBA,
I am receiving additional 26 weeks from September 18, 2021. *July 3, 2022 is the due date for receipt
↑ I am not going to argue with Mr. Marron, but this UI eligibility includes

＊ You must have returned to work and been paid at least five (5)times your new weekly benefit amount since the first day of your prior initial .claim

. When I contacted them, they asked "Did you physically go back to work?" and when I told them that it was a bonus payment, I was told by the UI office that I was Disqualified.

Also, when I received an email from the UI office in June of this year, I contacted the UI office after reading the following topi ＃ 315, but was I wrong in my interpretation ？
or did I make a mistake? ？

Topic ＃ 315
[Continued from #308]

The Unemployment Insurance Help Team has shared it again, so I'm sharing it ASAP.

This email is being sent to those who have not worked since they first applied for unemployment insurance and have only been paid by their employer （ Like the April happening, this is a systemic glitch phenomenon where those who have no work income and are only paid are also receiving the delivery email. Glitch phenomenon ）.

The Unemployment Insurance Help Team advises that before the Benefit Year End expires, you should call, email, or fax the UI office and say, "I have not worked since I first applied for unemployment insurance. My employer paid me with pay on ●●202●. Please review your own unemployment insurance again," they request.

If you are sending an e-mail or fax, please remember to include your name, last four digits of your social security number, address, telephone number, e-mail address, and employer information. If you do not include these, the UI office will not be able to verify your identity and will put you off or let you through.

You may also want to include the amount of all paid time off and bank statements from your employer since you first applied for unemployment insurance to expedite the UI office's response.

You are receiving this email because a review of your PEUC claim shows you have sufficient wages to potentially qualify for a new regular

Please continue to file your weekly claim certifications until the week ending July 3, 2021,

Beginning July 4, 2021, log into your account and select "File an Initial Claim" to the PEUC program. Initial Claim" to apply for the new regular unemployment claim.

Please do not file a new regular unemployment claim until July 4,

Filing a new regular unemployment claim before July 4, 2021 will cause issues and delay your claim. On the other hand, if you have had "short-time," "part-time," "on-call," or "fixed-term" work income since you first applied for unemployment insurance and receive the above email, you will follow the steps outlined in the email.

• sunset
• mail
• 2021/10/12 (Tue) 21:43
• Report

Hi Hiropon,

Thank you for your detailed explanation. What I told you in #315 was not a bonus, but "paid". I remember at the time there was a lot of trouble with the UI office not being able to distinguish paid from unpaid, sending emails by mistake, Glitch happened, etc. There were many glitches with people who had never worked and had paid, including locals.

Also, in the case of Mr. Maron, who received an approval letter for his second Initial Claim application in August, he was given a $25 difference rule option in July during the PEUC program and chose "Continue PEUC", and his second Initial Claim application was automatically reactivated in September. The second Initial Claim application was automatically reactivated and payment began.

In other words, those who were given the option under the $25 difference rule and had their second Initial Claim application reactivated were not subject to the new rule for second Initial Claim applications submitted after September. We believe that Ms. Marron's case is similar to that of her manager colleague.

I am speculating, but I feel that when Mr. Hiropon reported his bonus in June, he needs to have the UI office take another look at whether the response of switching to PEUC continuation was really appropriate, without giving instructions to submit a 2nd Initial Claim application! （ The UI office at that time instructed the subject to file a second Initial Claim application ）.

The most important thing now is for Mr. Hiroppon to get a satisfactory explanation from the UI office, so I still think it would be better to get help from Legal Aid Hawaii.

"I received an approval letter even though I was Disqualified," "When I reported my bonus in June, I was switched to PEUC continuation without being instructed to submit a second Initial Claim application," "In fact, if I had applied for a second Initial Claim in June, I would have received a new WBA. I think it would be better to consult with the UI office to see if we can request a re-investigation based on the opinion of Legal Aid Hawaii regarding "whether or not we should have been switched to the new WBA if we had actually filed the second Initial Claim in June". If you and your manager colleague are that open to disclosure, I think you can ask to see the approval letters for the first and second Initial Claim applications. In particular, please make sure that the first approval letter shows not only the amount in the quarterly chart but also the Benefit Year End due date in the same month as yours. If everything is the same, you can be sure that the UI office did not take proper action against you in June.

Finally.
Before contacting Legal Aid Hawaii, please run the WBA simulation and if the new WBA is more than the WBA at the time when you applied for a second Initial Claim in June, then this is also "evidence" that Legal Aid Hawaii can be strong against the UI office. I think this would also be "evidence" that Legal Aid Hawaii can strongly challenge the UI office.

Initial Claim filed in April, May, June
↓
Conventional Base Period
January, February, March 2020
April, May, June 2020
July, August, September 2020
October, November, December 2020

Alternative Base Period:
April, May, June 2020
July, August, September 2020
October, November, December 2020
January, February, March 2021

Initial Claim filed in July, August, September:
↓
Conventional Base Period:
April, May, June 2020
July, August, September 2020
October, November, December 2020
January, February, March 2021

Alternative Base Period:
July, August, September 2020
October, November, December 2020
January, February, March 2021
April, May, June 2021

We pray that Legal Aid Hawaii will help.