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Can I make a case for going to school and trying to get unemployment benefits?

I would like to know if I can ask for a hearing regarding a recent denial of unemployment benefits. On my last job I was not getting promoted neither receiving more money despite of my training in the field and a college degree. I resigned and enrolled in a MSW program, I would like to work but the schedule of the program does not allow me to do so. Technically, I am able to work and willing to work because I am doing an internship as a requirement of the program which is 9-5pm 3 times per week, the other two days I take classes. Do I have enough grounds to make a case on the hearing?




Hi,

What state? and what is the issue for the denial of benefits?

Comments for Can I make a case for going to school and trying to get unemployment benefits?

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Oct 10, 2011
response to my post
by:

This event happened in New York. The reason for the denial is the following determination:"you quit your job without a good cause". Reason: "you quit your job to attend school. Quitting to attend school or college or to otherwise improve one's education is considered to be for personal and non-compelling reasons"

On my resignation letter I stated that I was willing to work part-time with them, but they did not accommodate to that request. Therefore, I had to leave due to the workload as a full-time graduate student and a full-time employee. Additionally, I had the most qualified experience within the team I was working with and I trained many of the current employees. Thus, I do not know why it was a problem to accept me as a part-timer. I do not know if any of this info helps somehow.

Thank you for your help




Oct 10, 2011
No, I don't think you have a case.
by: Chris - Unemployment-tips

Hi,

Your experience has nothing to do with this .. nor what a great employee you were.

You did quit to attend school so I wouldn't expect an appeal to do any good .. because for the purposes of unemployment .. jobs trump attending school every time when you have a choice and there are no exceptions to the rule to use in your case.

Generally, an exception would pertain to the stopgap type of employment people pick up to supplement or extend unemployment benefits to a time when they may need them more, while waiting for state approved training to start .. and even that is state specific.

Your employer .. any employer doesn't have to accommodate you with part-time work because you want to go to school .. they don't have to accommodate a single parent if they want that parent to switch to the night shift .. but she/he can prove .. because of her situation, that there was good cause to quit .. if they insist he/she put her job before the care of children.

But like many states tell us .. your desire to attend school is admirable, but it is not good cause to quit and collect .. because why should an employer have to bear the burden of paying for unemployment benefits when they had nothing to do with why you quit.

(And it's too late now to back up to your complaint about no raise, which is also a fairly soft reason at this juncture of your employment).

You are the one that wanted to alter the conditions of hire for an admirable reason, but not one the state of NY (or any state for that matter) considers good cause to quit.

And to top this all off, you're asking me if an appeal based upon what hours you are available to work would clear the way.

When you appeal .. you appeal on the issue of denial. A&A is only one issue.

Unless a state has a provision or has a precedent decision interpreting the statutes favorably to someone that can only work part-time .. you must be able and available to accept full-time work during the hours of work that are customary to your field or occupation.

But having tried to explain why I think it will be a waste of time to appeal .. I think it's best when people can see the information that makes me think that.

Why I know you quit without good cause. There's a few relevant sections, but I think 1715 should explain the basic problem.

And why even if you had quit with good cause you're still not meeting the conditions to collect any benefits. #2 should explain it.

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