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Old 05-28-2016, 04:36 PM
 
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I was discharged from my job after my maternity because I reported back to let them know i was breastfeeding and daughter wouldn't take a bottle. So they gave me two weeks to work with my issue and the time came she still refused bottle. I was now denied my unemployment benefits for misconduct from my employer. Has anyone been through this situation? Do I have any chance in favor of my appeal being this was out of my control?
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Old 05-30-2016, 12:22 PM
 
Location: Las Vegas, Nevada
12,686 posts, read 36,347,270 times
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Originally Posted by Dblocooper View Post
I was discharged from my job after my maternity because I reported back to let them know i was breastfeeding and daughter wouldn't take a bottle. So they gave me two weeks to work with my issue and the time came she still refused bottle. I was now denied my unemployment benefits for misconduct from my employer. Has anyone been through this situation? Do I have any chance in favor of my appeal being this was out of my control?
To be eligible to collect unemployment insurance (UI), you must first of all be unemployed due to NO FAULT OF YOUR OWN. Then you must be Able (to work), Available (for work), and Actively seeking work. It doesn't sound like you were denied UI due to misconduct, unless you did something you aren't saying that caused the employer to let you go. They may have told you to show up for work and when you didn't (or felt you couldn't) they may have let you go for no show. But, it sounds like you were denied for leaving the job on your own; in other words you quit to take care of your daughter, and that you don't meet the other qualifications of being available to work. UI is not charity. UI is INSURANCE against losing your job through no fault of your own, E.G, the employer lays you off for some, usually economic, reason. The employer has purchased insurance from the State to give you a bit of a stipend while you look for other work when they can no longer keep you on. If you can't look for other work you can't get UI.

Read the denial carefully and address those particular issues in your Appeal, but you will have to work out the feeding issue so that you are able and available and ready to find a new job.

BTW: I'm a retired ESD employee but I don't have all the answers as I'm not involved with your (insurance) claim.
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