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Denied change of schedule

by Francis
(Boston, MA. )

I quit my job because I had asked for a change in schedule and my employer would not allow it. I received unemployment benefits from the state and now my employer appealed. I also was upset that due to the massive workload I was working over 40 hours and never compensated for my time. Don't I have a case?



Hi Francis,

I can't tell you because I don't know any details.

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Jul 15, 2009
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College or Training cont'd
by: Chris - (webmaster:)

I do hope you come back and update this post with how it turns out .. it's important .. I think the extremely restrictive rules for worker who are just trying to better themselves by attending school is contrary in general to the entire purpose of unemployment.

The states have the ability under the federal guidelines to loosen these restrictions up, but I think it may be a way they "protect their fund" because a quit due to school is a personal reason and an employer rightly should not be charged, but then they take it a step further and add disqulifying language that denies irregardless of whether there was a valid reason.

Jul 15, 2009
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College or Training
by: Chris - (webmaster:)


Hi Francis,

Maybe just a bit more.

What did you tell the state was the reason for quitting? Working hours not compensated for? or the employer's refusal to give you a schedule change to attend school?

The distinction is important because it's very possible that the hearing examiner will amend the determination for other reasons.

Quitting to attend school is disqualifying.

Here's the link to the resource (click Nonmonetary - Table 5-12)

All states will disqualify a person for leaving work if they left due to school. There are very few exceptions which most have to do with "state approved training".

Hearings determine the proximate cause of the separation.

My concern for you is that I see the possibility that the adjudicator determined you were eligible because leaving due to working without compensation would be good cause, if that were the reason, but if you take a look at the column on the right in that resource titled .. "disqualified or ineligible while attending school" .. Massachusetts has a regulation which provides an exception which enables a person to collect unemployment while attending school, BUT the regulation is very specific and restrictive about the kind of school you are attending.

Francis, your employer is going to that hearing to say that you quit because of school and what you are telling me .. would disqualify you.

It's also possible that the hearing examiner could modify the determination .. to include this regulation if you don't fit into it.

I could be found you quit with good cause due to not being paid for overtime .. but you may be denied because of what amounts to an able and available issue due to school.

Now after what amounts to some bad news from me .. keep in mind that MA is a fairly claimant friendly state and there may be precedents that have been set (I don't know where to access MA precedents or I'd give you the link) that allows for an interpretation that since you were working full time and attending school part time .. and the fact that you DID have a valid reason for quitting with no overtime compensation .. that you are still entitled.


Jul 15, 2009
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elaboration
by: Francis

I was a part time student and working full time. I had a class that met at noon a few times a week and I asked for some flexibility which was not granted by my supervisor. My productivity was fine and I was still putting in more hours than required.

any other info to include?


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