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Denied partial unemployment in Kentucky due to not being available for work

by Miayua Conner
(Paducah, Ky, McCracken)

I live in the state of Kentucky. I have been working at Hardees for a little bit over a year. The whole time I was in school my manger was giving me a suitable amount of hours.

Once I started my intern my hours went down. I asked her when she was going to give me my hours back she told me that she wasn't because everytime she turned around I was needing something different.

I went from bringing home three and four hundred dollars every two weeks to maybe one hundrend and thirty. I went and filed for lost wages and started receiving them, but then she protested my claim and the department gave in her favor.

They said it was because I wasn't available for suitable work and that my personal circumstances significantly limits the number of hours I can work. When this is not the case. My boss has me working on the weekends when I told her that I couldn't she has me off all week long when this is the time for me to work. My situation is no different from the majority of her female workers. What should I do?

Hi Miayua,

You should appeal to a hearing. If you are still working, they are denying you partial unemployment benefits. If you can prove that you have not limited your availability, but that the manager is limiting the hours she is willing to give you .. you might win.

It is not enough to just say this is the case .. you must prove this is the case.

This is why I recommend documenting any kind of change at work. Including keeping schedules and copies of reasonable requests for accommodations.

Kentucky does disqualify a person if you leave work to attend school, but they do not disqualify if you attend school and are still available for suitable work.

You work in the restaurant industry. The industry itself lends itself to scheduling variances which means it loaded with students. Prove that she had accommodated you in the past and that she continues to accommodate others (witnesses) and that your lost wages are the result of not your unavailability, but her choice not to schedule you anytime other than the weekends.

Only you know the real circumstances of your situation and the motivations of your manager .. use the details.

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