Quits based on "substantial changes" (receive, apply, claim)

[Chyvan]

I'm interested in reading experiences from others that have actually done this to see if my situation is the norm or an aberation.

My hours were reduced and because of that my fringe benefits were taken away. Because of the fringe benefits, I quit. My last day was 12/26/10. My claim has been in appeals ever since. I had a deputy, tribunal, appeal, new tribunal, appeal, paper work mix up appeal, and so far still on a review of an appeal.

Is it normal that when you quit for a valid reason under the law that unemployment will grind you through the appeal process hoping you'll mess up and be a loser not because you weren't eligible, but because you didn't follow the procedures?

[Ariadne22]

Persistence is the name of the game. And you need to be smarter than 'them.' It is important to follow procedures very carefully.

As I recall, you are in AZ, which has a very conservative bent. In NY, NJ, MA, CA you would not be jumping through hoops on a relatively simple issue. All those states have clearly defined acceptable reasons for a quit. Even in complicated matters, those states are more responsive. They are also more lenient than I suspect AZ is. You are at the mercy of your state.

[Chyvan]

It's interesting that your should say AZ has a conservative bend. Based on scholarly studies, Arizona's unemployment rules are ranked as liberal. The problem is that the people interpreting these liberal rules apply them conservatively and narrowly as you pointed out.

[Chyvan]

The grind continues. In yesterday's mail, my review of appeal decision arrived. I won, but I lost.

I got my "quit" classified to a "discharge," with wonderful wording that the employer provided no evidence to support the discharge. This is where I won.

I lost in the sense that instead of getting a "remand for benefits," I received a "remand to the department" to make a decision as to the refusal of work with the changes the employer made with full appeal rights to the affected party. So the case is being sent back to the same people that caused this appeal nightmare to do it again, and even if I do get granted benefits, the employer will be able to grind out the appeal's process.

At this rate, I really think my argument is solid, but it's complex enough that very few understand it, so I'm thinking I'll be getting all my benefits in a lump sum in another year from now.

In the event that this issue is resolved after 12/31/11 and EUC is gone, will I be SOL on getting them to backdate and pay benefits had the claim been adjudicated correctly from the start rather than 22 months after the fact?

[Ariadne22]

Shouldn't. The benefits are based on the date on which you file. That said, given all the problems you've had so far, don't expect it to be easy.