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help me! I lost my transporation to work and have been disqualified for quitting!!

I filed for unemployment benefits and I got an email saying disqualifying separation. My employer said I quit technically because I did not have transportation to work. Which I did up until the Friday before I "quit". So my question is how do I appeal this? I was at my work for a year and I totally deserve these benefits and need them. What should i do?





Answer To: Help me! I lost my transporation to work and have been disqualified for quitting


Hi,
You didn't tell me which state denied your unemployment benefits.

Do you live in either Arizona or Connecticut?

What did you do to try to preserve the employment given it is generally considered the employee's responsibility to get themselves to work?

If you want to know why I mention AZ and CT ..

See page 5

Comments for help me! I lost my transporation to work and have been disqualified for quitting!!

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Feb 19, 2012
Having Transportaion To and From Work
by: Nanlisa

When you applied for the job, as well as interviewed for it, did you check to see if there was adequate public transportation in the area? If you have a car, did you have problems with it? Did you ask somebody to drive you in to work and then drive you back?

Unemployment will call your former employer to verify this. If they turn you down, you have the right to appeal it.

When you go for your next job, make sure that you have a backup plan just in case you don't have a car.

I k now this from experience. I don't drive and I take public transportation. Thanks to the Internet, I can check out a company and the local transit area to see if there is adequate public transportation in the area before I decide to apply for a job there.

Good luck to you and I hope it works out.

Mar 22, 2015
I moved to far from my job and now it is no longer financially feasible.
by: Anonymous

I am in the same boat however I have only been working at my job for three months. I moved to a different town about a month ago. Prior to me moving I had asked my manager for a transfer to the store located closer to me because transportation was going to be an issue. She said no. I then went to my hr manager and she replied the same way. A month later I still work for the company however more than half of my paycheck goes to me getting to work. I want to quit but I need the money even if it is like $75 I'm making a week. Do I have the right to quit and collect unemployment? I live in NJ and I can't seen to find anything on the topic. If you can help I would highly appreciate it! Thanks

Mar 22, 2015
Generally the answer is no, but only because the question involves getting unemployment.
by: Chris

sorry, I change the title of your comment to reflect your unemployment question.

There's a fact that prevents someone from collecting benefits when they quit due to transportation issues that is present in your case.

You changed the terms and conditions of your own employment when you moved to far away from a job you accepted at the time .. because it was financially viable for you to accept it as suitable work.

And this is related to the common requirement that a quit be attributable to the work, or the employment, which is usually only the case when it's the employer that moves their location .. or subsequently forces an employee to another location that the actual distance change becomes so great, it becomes the issue of why the employer made the job unsuitable and an employee may have good cause to quit.

Because you accepted the job as being suitable with one distance and subsequently moved to an unsustainable distance is not the employer's fault and they are not mandated by law to transfer you.

An exception might be a transfer policy the employer has, but generally, transfers policies may be limited to employees who have worked a certain amount of time for the employer.

New Jersey is a state that requires a quit to be attributable to the work, or the employer.

Mar 10, 2016
Quit because of EVICTION and Family Med Emergency
by: Tanna

I quit because I was being evicted AND my brother had a medical emergency which required me to leave the city. They are saying I could have looked for work and blah, blah, blah.

I told them my brother had COPD and needed oxygen and NO ONE WAS THERE TO HELP other than a nurse that came 1-2x a week to "take his vitals." She concluded that "others were providing care" and denied my claim! - Also she never checked the truth or falsity of ANY of my claims!

Judge took her word for it and also never checked truth to deny my claim! That's a clear violation of my Constitutional Right to a Fair Hearing! I am now appealing to the Appeal Board to DISMISS the Judge's Decision and rule in my favor!

Also, EDD NEVER told me I was entitled to paid leave for family. I just found out that you are entitled if they rule you ineligible (which she did)! SHE violated the law and I'm appealing HER "determination" and the Judge's "Decision."!


Mar 10, 2016
for Tanna
by: Chris - Unemployment-Tips.com

Good luck, because I'm not so sure if ranting about constitutional rights to a fair hearing, where the burden was ON YOU TO PROVE GOOD CAUSE to quit in California at a lower level hearing is the way to go Tanna.

But, I might suggest you take a look at the California UIBDG and what it explains to understand how you might of won the hearing about quitting for illness, or to care for sick family member .. aside from the fact to collect regular unemployment benefits you must be able and available to work.

And for all other fortunate people that work in California and also didn't know they can apply for the state temporary disability insurance program, amounting for many to a paid medical leave of absence, click here.

Mar 31, 2016
public transportation not available after 6pm
by: Anonymous

Hello, i was one of the main driver's for a pool company. I worked for 2 years. Last year I moved to another county and my vehicle broke down, so my employer allowed me to use the company vehicle everyday to get home and to drop off one more employee as well.

This year I returned to work on march 7th and told my boss I still haven't gotten a vehicle yet. At the end of day, I asked my boss to use the company truck again. He said sure. I pick up the other employees from a different job site, once at the shop I talked with my boss's wife and she asked if I got a ride home. I told her that her husband said it was ok for me to use the company vehicle. She said there's been complaints from a certain employee, who said that it's not fair I get to use the vehicle to get home and she doesn't want to show favoritism.

She said this even though no one else has a driver license, or green card. I explained that public transportation isn't available after 6pm. My work hours are from 8 until 5:30 pm and most of our jobs are located in Delaware, Pennsylvania and Maryland and I don't usually return to the shop around 7 or 8 at night. This leaves me stranded.

During my first year there was no problem, because I lived right behind the shop and general area with the other company employees. Know I don't know if i can show good cause and I told my boss's wife that I'm going to have to do what I have to do or resign.

I'm 48 years old and my health isn't the same after a back injury I had last year and that the truck I was using is going to go to another employee who just came home from jail, to do service calls and the insurance doesn't cover after work hours. And the guy there giving the truck to doesn't have his license yet.

I feel as though I was pushed out of doing my job and that to function properly from day to day, dropping off company employees and picking up heavy equipment and job materials to figure out how I'm going to get home is a burden.

I have no family out here. I also take care of my one year old nephew everyday since his parents were evicted and right now I'm the only person working to pay me and my wife's bills and rent.

Can you give me some advice?

I was sick the next day with a stomach virus and my other co-worker who i was taking home in the evenings had a stomach virus the next day as well.

I called off that week and told my employer I was going to refile for unemployment, due to no transportation and that they will be corresponding with her soon. She said ok. Now they have said I voluntarily quit.

I'm about to do an appeal.

What can I do to continue my unemployment until i find work where I live?




Mar 31, 2016
Why wouldn't you tell me what state denied your benefits?
by: Chris - Unemployment-Tips.com

Sounds like a voluntary quit to me and without good cause at least, if you told the unemployment department you quit due due to a lack of transportation.

No wonder your boss's wife (very potentially one of the owners of the company you worked for) said okay when you told her you refiled .. could you hear her sigh of relief too when she learned you unemployed yourself, when you reopened your claim?

Your appeal is inconvenienced by possibility the unemployment hearing officer might amend to a voluntary quit by job abandonment. Not to mention there could even be the possibility of good cause had she discharged for attendance issues.

But most of all, let go back to what motivated your employer to be generous enough to let you take a company vehicle home last season (pool company for me computes to being "seasonal employment) due to the fact you moved, which for me is an issue of being personally accountable for your own actions.

Your transportation broke and in the interim of while you were temporarily laid off, you didn't bother to get your vehicle fixed to get back and forth to work, give you're the one who moved to a distance further away than "right behind the shop" as you stated about terms and conditions of employment when you first went to work for this employer.

Why would you assume this employer would, or owed you this privilege, or right to continue putting wear and tear of transporting you .. or any other employees to and from work on their vehicles vs. allowing you some time to take care of your transportation problem.

It sounds like the a nice employer's ethical emergency response last season, but that doesn't mean being nice should prevent them from altering the terms and conditions this season, if you're not a supervisor with an assigned company vehicle to take to and from work, or ultimately, on the same level as the employee complaining you got to take the truck home, regardless of whether they have a license, or not. (I do admit you raised questions about potential illegalities with regard to uninsured drivers without licenses and lacking green cards).

The merit for your appeal, due to the fact you were the one lacking transportation is relevant to whatever state this appeal hearing might be held in (you mentioned three) and whether you are capable of sustaining the employer substantially changed the terms and conditions when they allowed you to drive that truck home everyday last season and whether they again altered the terms and conditions this season as to be culpable enough to be shown to be the moving party when they put things back to the way they used to be .. you being responsible for getting yourself back and forth from work .. to force you into quitting.

At least .. this is the only path I see for a chance to potentially be successful with your appeal ..

Chris

Mar 31, 2016
No more transportation
by: Anonymous

Thanks Chris my case is in Maryland


Then you should explore the Maryland UI Decision Digest regarding quits for transportation issues and those more related to changes to substantial changes to the terms and conditions of employment.

I link to it from the Resource page.

May 18, 2016
Quit because of loss of transportation
by: Alexis

On April 28 at 12 am my car was stolen, I commute almost two hours one way every day. I did have a very good relationship with my company and did not want to quit, they gave me approved time off to find transportation but due to the commute I found nothing, and on top of that because I'm at home I have no income coming in and two kids to feed. When my approved time off came to an end, I told them I did not want to quit but my car being stolen and needing to find local (or at least closer) work has forced me to quit. I loved my job and was working my way up to a supervisor. They offered to give me a position in a closer city but I have already worked there and left because of harassment from a coworker. My UI phone interview is coming soon do I have a chance???


Name of the state please!

Aug 26, 2016
Help, no transportation to work anymore
by: Anonymous

Hi I live in Indiana and I didn't have transportation to get to and back from work. My boss knew this before o started working.there are no public transportation for me to use.in May we found out that we are closing down to rebuild..I was involved in a domestic violence with my boyfriend so I called my boss let her know I'm homeless and since my boyfriend was taking me to work I will not have a ride ..she said she will call me and let me know if I would still be able to work and I haven't heard anything then I log onto the company site and see that she put I volunteered quit now I can't get food stamps or unemployment ...what should I do

Aug 26, 2016
Here's what you should first do and what you might not want to do secondly.
by: Chris - Unemployment-Tips.com

You did quit, so that you are being coded out of what I would assume is the employer's system, as a VQ, doesn't surprise me.

But what you can do now, is check table 5-4 in this chartbook and see if that might not be a better cause for quitting a job in Indiana than blaming it all on transporation .. whether the employer knew, or not, about your transportation situation .. (seldom found to be good cause) when you're explaining to the adjudicator who gets your claim at the St. of Indiana.

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