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Old 10-19-2012, 06:44 PM
 
3,780 posts, read 4,243,630 times
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Have you ever collected before? Of course being "available for work" is a requirement, but in the legalities of unemployment, it is enough to say you are available, and only if someone else produces evidence to prove otherwise, the claimant's say so is accepted for what it is. Unless her doctor has a beef with her and submits a statement to the UI office that she can't work, she's going to get benefits.
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Old 10-19-2012, 06:50 PM
 
234 posts, read 318,210 times
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can you be fired because you can't legally get to work? what is legal and what someone thinks logically might be very different.

Quote:
Originally Posted by Chyvan View Post
If you're just going to bash the unemployed, just say that's why you're here instead of trying to pretend that you're actually helping.

In an unemployment appeal hearing, the issues are restricted to what appears on the hearing notice. Her notice was the reason for separation. Her pregnancy, travel restrictions, and work search will not even be addressed or asked about.
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Old 10-19-2012, 06:54 PM
 
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She could get to work. She was having someone else drive her or she took the bus after her run in with the law. There is no requirement under any state's UI laws that you have to have a driver's license accept maybe for a truck driver.
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Old 10-19-2012, 07:03 PM
 
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in NJ for the most part you need a car. i agree you can always use public transportation or say someone else is driving but its one of those things you wonder if its looked at logically or legally. this is not the first time i heard someone have a problem with transportation but never understand the real rule of it.
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Old 10-19-2012, 07:03 PM
 
Location: Wisconsin
13,849 posts, read 17,832,289 times
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Quote:
Originally Posted by karen_in_nh_2012 View Post
But the OP hasn't said much about looking for work... I have a hard time understanding how she will be somehow more able to look for work after having a baby.. And she admits to driving on a suspended license (wow, great judgment there). And she seems to be functionally illiterate, at least from her posts here.

I know I am sounding mean, but geez ... take some responsibility for your life, your choices, your finances.
Look, none of this is any of our business. The issues raised were based on her termination and appeal possibilities.

If OP is granted benefits, she will need to certify to the state on her claim form, for every week she claims benefits, that she has searched for work. She will need to keep a record of those work searches. She will be required to attend a Reassessment and Employment hearing where she will be required to present evidence of those work searches. Her state may or may not audit those work searches.

If, either before or after the baby is born, she finds a job and refuses the job because she has no means of getting to work, the state will investigate that job refusal and may very possibly disqualify her from benefits if it was considered a suitable position. Many people use public transportation to get to and from work. So, not being able to drive does not preclude one from accepting a job, necessarily.

None of this concerns us. Those are problems she needs to deal with, or not. We are only here to answer questions on the mechanics of UE, the appeals process, etc.

How she lives her life is none of our business.
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Old 10-20-2012, 08:08 AM
 
10 posts, read 40,989 times
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Quote:
Originally Posted by karen_in_nh_2012 View Post
Thanks for the info, I did not know this. But the OP hasn't said much about looking for work -- only about how badly her former employer treated her (which may very well be true or at least partially true). Call me cynical, but I have a hard time understanding how she will be somehow more able to look for work after having a baby (a baby that she doesn't seem to have any way to support, at least none that she has mentioned)? And she admits to driving on a suspended license (wow, great judgment there). And she seems to be functionally illiterate, at least from her posts here.

I know I am sounding mean, but geez ... take some responsibility for your life, your choices, your finances.

I wasnt aware that having a baby made me unavailable to work?! I have three other kids and have always worked< actually i always worked until two to three days prior to giving birth and never took more then 4 weeks maternity after giving birth. (but i wasnt aware that i am supposed to explain my personal life to you.

As far as being "functionally illiterate" hey maybe so but to be frank with u , when i post on this site i dont bother checking what i am writing i also wasnt aware this was an english class, (funny because i am an english major with a 4.0 GPA (FYI i am still not going to spell check or fix grammer issues).

I really need to mention how i will support my baby which is almost 6 weeks by the way? (smh yea okay) And driving on a suspended license has nothing to do with me being getting to and from work.. (and yea your whole "great judgement" comment, I know i should have not taken the blaim 4 my sister who would have definitely lost her job since she works for Transit and actually needs her license)
But enough with me explaining myself to you as you do not pay my bills (please refrain from making comment on my post thanks)

And to everyone else thanks for the comments
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Old 10-20-2012, 08:17 AM
 
10 posts, read 40,989 times
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Quote:
Originally Posted by Chyvan View Post
When the manager said he could only testify to certain things, it very much suggested he had no first-hand knowledge of what happened. This is about as good as an employer no-show. Things are very much in your favor as long as nothing you said can be construed that you actually quit. I also suspect by bring up the the "you were being agressive" thing suggests that the judge will treat it as a discharge, and the employer would need proof that your agression actually happened. Seriously, a person that's quitting doesn't need to be agressive, they just stop coming to work, or put in a two-week notice.
yea when the examiner asked how i was being aggressive his response was "she used a harsh tone of voice with me when telling me to stop yelling at her, which i didnt" <<this was all he said on me being "aggressive"

and really the only thing she the examiner asked me was why if my manager let me go i didnt speak to the owner, to which i answered that because i was told by the owner to refrain from sending him any emails and that absolutely any issues i had to take them up with the manager, also that when i was let go the manager came out of the owners office so i figured it was a "direct order"

also that if they were really saying i "quit" and were waiting for me the next day as he claimed, why didnt he email me or send me a text as they always did when i was even 5 mintues late or not coming in at all to ask where i was<<<which they didnt
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Old 10-20-2012, 08:21 AM
 
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I am just wondering how they will make a decision after all there is no really evidence on his part or mine that i was let go or that i quit?

so how will the examiner actually make a decision? is it based on who she believes or some type of rules and regulations
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Old 10-20-2012, 09:06 AM
 
3,780 posts, read 4,243,630 times
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I don't know the actual mechanics in NJ, but AZ has specific rules that if an employer claims a quit, and an employee says they did not, the employer has the burden to prove that a quit actually occurred. In a case like that and because unemployment is remedial legislation, a tie on the evidence would go to the claimant.
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Old 10-20-2012, 09:59 AM
 
10 posts, read 46,023 times
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Quote:
Originally Posted by around1999 View Post
in NJ for the most part you need a car. i agree you can always use public transportation or say someone else is driving but its one of those things you wonder if its looked at logically or legally. this is not the first time i heard someone have a problem with transportation but never understand the real rule of it.
I have lived in NJ for over 3 decades and I have known many, many people who do not drive, including my own sister. All of them work.

Having a driver's License has absolutely nothing to do with being available to work. No stereotype you come up with ("You need a car in NJ") is going to change that.
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