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Hello All. I filed for UI because I quit my job because my father became extremely ill. I was mentally and physically too ill to continue my job duties. When I spoke to my manager about my issues she did not offer me a leave of absence. I was basically told to suck it up or leave. Because my mind was going in 18 directions, I felt I had no choice but to leave.
After weeks of waiting I spoke to a UI rep today, and basically told him the story above. He told me that he would make a decision in the next couple days. I logged on to the UI website, and my claim has been denied because I did not have a compelling enough story. I called the UI rep back and he explained that I should appeal the case. When I asked if it was the the UI office or my employer that denied my claim he said that he was the one that made the decision to deny my claim.
My question is it worth my time to appeal this case? Has anybody else gone through a similar process? Who with the hearing be with? I don't want to burn any bridges with my previous employer as I may be able to reapply for a job there in the future.
I believe Federal Law might have protected you under the "Family Leave Act" ... not just for pregnant moms, but also for immediate family members who need to take care of a family member ... look into that on the web.
You're biggest mistake is admitting that "you quit your job" , that is probably what he is basing his decision on.
You might still have a win-able case , but you'll need to work fast to get your story and proof together. You might be eligible for free legal aid, call your local legal aid office and inquire.
how long did you wait to try and collect ?
did the examiner question the employer and give you the opportunity to question your accuser? they most likely wrote to unemployment saying you quit.
You need to call the examiner back immediately and tell him you are protected under the family leave act and you need him to hold a hearing where the employer goes on the record and you have the opportunity to question them on the record.
without a complete record from the initial determination, it leaves you at a distinct disadvantage and it hurts your chances on appeal.
call him and ask him to hold a hearing so he can ask the employer under oath if you did indeed mention a sick family member. tell him you will subpeona the person you spoke with and he should give you this fair chance ... otherwise ask to speak to his supervisor and tell that person that this examiner didn't do his job properly, and that you deserve a fair initial hearing on your determination.
Thank you for the quick informative reply. I waited 4 weeks before filed for UI. It took me that long before I felt able enough for full time work. The interesting thing is I left my previous employment on good terms. I spoke with my previous manager today, and she told me that she did not refute the claim. So will the the hearing be me against the unemployment office? In my state UT. You have the right to file for UI if you quit your job under no fault of your own. I feel that this falls under this category. I don't understand why he didn't approve it in the first place. He sounded like he was having a hard day, and just didn't care to even hear my case. It's a shame that my livelihood is based on on man's quick decision. I was very polite, but I felt like his decision was already made.
With that said my first step would be to appeal, and get my evidence together correct? Will my first hearing be over the phone, or in person?
I believe Federal Law might have protected you under the "Family Leave Act" ... not just for pregnant moms, but also for immediate family members who need to take care of a family member ... look into that on the web.
FMLA only covers to 12 weeks of unpaid leave. It doesn't appear the original poster was looking for unpaid leave.
Quote:
Originally Posted by dikemee
You have the right to file for UI if you quit your job under no fault of your own. I feel that this falls under this category.
Unfortunately, what you feel has little bearing. The thing the examiner has to look at is whether you were better off going the FMLA route (above) or claiming disability, since you stated you were not physically or mentally able to do you job. That may have had some bearing on his decision.
At any rate, what have you got to lose by an appeal?
It does seem that FMLA could apply, but it has terms and conditions for eligibility and you have to file through your employer. Even if it WOULD have applied in this situation, it sounds like it's too late.
yes zoso is correct. You should have filed for family leave act with your employeer this would allowed you time off by law and they could hold your job. Now you quit, so this claim in my opinion is denied. Appealing it wont help you quit for those reasons. You can quit for only certain reasons like sexual harrassment, or some kind of serious conflict with your employeer. Otherwise You cant quit. Sorry keep this in mind for next time. Its ironic, because if you called out sick for weeks and got fired you could collect!!
Just an fyi, it is the employer's responsibility to identify and place you on fmla. If you qualified (there are minimum service requirements to be protected under fmla) you should have been placed on one. With that said, in some states you cannot go on to unemployment while on "leave" since you are not unemployed. I would definitely appeal (what have you got to lose?) especially if you were eligible for fmla.
"I was basically told to suck it up or leave." If the employer has fewer than 50 employees, the whole FMLA thing is moot. Wondering if that's the case as it wasn't offered to him.
But it does seem to me that you'd need to aproach your employe to file for FMLA. How else would they know? How is it their responsibility to identify your personal life situations that might apply?
Regardless, in the OP it's stated that he should appeal. Agreed, what's there to loose?
Hello All. I filed for UI because I quit my job because my father became extremely ill. I was mentally and physically too ill to continue my job duties. When I spoke to my manager about my issues she did not offer me a leave of absence. I was basically told to suck it up or leave. Because my mind was going in 18 directions, I felt I had no choice but to leave.
After weeks of waiting I spoke to a UI rep today, and basically told him the story above. He told me that he would make a decision in the next couple days. I logged on to the UI website, and my claim has been denied because I did not have a compelling enough story. I called the UI rep back and he explained that I should appeal the case. When I asked if it was the the UI office or my employer that denied my claim he said that he was the one that made the decision to deny my claim.
My question is it worth my time to appeal this case? Has anybody else gone through a similar process? Who with the hearing be with? I don't want to burn any bridges with my previous employer as I may be able to reapply for a job there in the future.
Thank you very much in advance!!!
In the state I am collecting from, quitting due physically illness will prevent you from collecting unemployment. The reason is that they want you to be "ready and available for work." If you quit due to illness, then they consider you not "ready and available for work."
You basically can't quit and collect unemployment unless there is sexual harrassment.
It might be easier to get disability since you stated you were physically and mentally ill.
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