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Old 12-05-2012, 03:35 PM
 
25 posts, read 35,592 times
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Ok so just to summarize everything, I was fired from my job so I filed for unemployment. I ended up beating my employer but I'm still fighting for my unemployment benefits! They denied me because they don't believe I'm available and able to work full time because i'm attending school. However, that's exactly what I did when I was employed. My school hours are Monday-Tuesday, 4-6:50pm and Wednesday from 1:30-4pm. The semester ends the 17th of this month but my Wednesday class ended today. I also have been making the required job searches each week. The hearing will be with a commission officer the 18th of this month. Any idea on how to beat this??
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Old 12-05-2012, 04:36 PM
 
14,500 posts, read 31,151,444 times
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You show that school doesn't interfer with holding a job. You do that by saying you'd quit school if there was a conflict between work and school. You bring paystubs that hopefully have year-to-date data from the start of a semester and the end of a semester along with your class schedule and walk the judge through the math that you worked x number of hours per week while going to school to show that it's possible. You can bring class availability listings so that you can point out that your class might be offerred at many different times so that you'd always be able to make school fit to any job that you might get. If you work in a type of job where weekend work is a large component of your schedule, you can further demonstrate that schooling is a nonissue.

However, no matter how great it is that you're in school, the UI system's purpose is to provide income while you look for another job. It's not to help you upgrade your skills for an entirely different occupation.
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Old 12-05-2012, 07:48 PM
 
426 posts, read 1,910,995 times
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Were you simply continuing on with schooling when you were terminated or did you sign up for more classes AFTER that?

I would show them the jobs you applied for , and even make it known you were prepared to DUMP the classes if you got a job during that time. I find that answer plausible to a judge.

So tell the judge on appeal you were always prepared to dump the classes if a job came up and your job search also included graveyard shift jobs that are outside the class hours.
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Old 12-06-2012, 04:07 PM
 
25 posts, read 35,592 times
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I was continuing with schooling. When I was fired, it pretty far in the semester and my classes were already paid for. I was going to tell them that If I need to miss a day of class so I could work, my teachers would willingly help me out. I just feel like they're finding any little reason to deny me.
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Old 12-06-2012, 04:10 PM
 
25 posts, read 35,592 times
Reputation: 10
Quote:
Originally Posted by Chyvan View Post
You show that school doesn't interfer with holding a job. You do that by saying you'd quit school if there was a conflict between work and school. You bring paystubs that hopefully have year-to-date data from the start of a semester and the end of a semester along with your class schedule and walk the judge through the math that you worked x number of hours per week while going to school to show that it's possible. You can bring class availability listings so that you can point out that your class might be offerred at many different times so that you'd always be able to make school fit to any job that you might get. If you work in a type of job where weekend work is a large component of your schedule, you can further demonstrate that schooling is a nonissue.

However, no matter how great it is that you're in school, the UI system's purpose is to provide income while you look for another job. It's not to help you upgrade your skills for an entirely different occupation.
I just feel like they're trying to find any reason to deny me. I also switched my school schedule around so I wouldn't have to miss a day of work. Plus, one of my classes were online. I think I got this in the bag.
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Old 12-06-2012, 04:27 PM
 
426 posts, read 1,910,995 times
Reputation: 130
Chyvan will have lots of good advice for you to prepare for your appeal. I am confident you will win if you follow her advice.
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Old 12-06-2012, 08:24 PM
 
Location: California
4,400 posts, read 13,412,009 times
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Quote:
Originally Posted by Marlene_Jay View Post
I just feel like they're trying to find any reason to deny me. I also switched my school schedule around so I wouldn't have to miss a day of work. Plus, one of my classes were online. I think I got this in the bag.
Stress this.

They are looking for reasons to deny you...don't give them. No matter how they ask, it is your job to get through to them that you would have quit school for work.

If they say "Would you have quit school?" You say, "Absolutely"

You tell them the changes to the schedule you made to facilitate it. I know in one of your posts you mention that your classes end on the 17th ish of this month...do NOT stress this, or they will take away that you are available now but weren't at the time of application.

No matter how it is phrased, you need to make it clear that school did NOT interfere.
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Old 12-06-2012, 08:43 PM
 
16,235 posts, read 25,285,691 times
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I would have the proof, i.e. the school schedule, and the fact that you were working and attending school w/ you rprevious employer. I might also call a Dept. of labor office in your area...and ask for guidance/help. You can find DOL online. That is the reason we have one, to help. Good luck to you. Get your papers in order...perhaps fax your evidence. I had one before, I felt railroaded...especially when the HR from the company I had been harassed at was the opposing person on the other line. The company doesn't want to pay your unemployment...They will do about anything. Get your consult w/ DO...and be prepared . United States Department of Labor
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Old 12-07-2012, 10:04 PM
 
25 posts, read 35,592 times
Reputation: 10
Thank you everyone for the advice so far. I do have my pay stubs from my employer and I can print out my schedule and out fax it. Is there anything else I may need?
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Old 12-07-2012, 10:54 PM
 
426 posts, read 1,910,995 times
Reputation: 130
I would write down some notes of what you want to say. One of those memos would be .......I would have quit my schooling if a job offer interfered with it. Another would be.............I applied for jobs that would be graveyard shifts so it wouldnt interfere with the schooling.
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