(Maryland Unemployment)
I have been denied unemployment benefits by the state of Maryland. The reasoning for the determination was that I am not Able and Available to return to work.
I was a full-time Substitute Teacher and did not return to work because I relocated to Florida to care for a very sick relative.
I have been doing all of the job searches every week and filing the claims every 2 weeks as requested by law.
But, I am available to work on a part-time basis, and still, I was told I was not going to receive benefits because I am not able and available.
So I have faxed an appeal disagreeing with the decision.
Thank you.
Hi,
Since this isn’t about Florida unemployment benefits, but Maryland, you need to take the time to check out the MD unemployment precedent decision manual.
First, you need to know if Maryland has a part-time work exception because you have stated here you are only available for part-time work.
Availability for work can first be assumed to mean full time work. However, a number of states have either added specific provisions, which under certain conditions allow for benefits when availability is limited to part-time.
Of course the provisions vary and sometimes, a state may of just interpreted, through a precedent, the exception .. if memory serves, Florida would be one such state where I wasn’t able to find a provision, but after googling a number of “unemployment jargon filled phrases” I happened upon a precedent which created one.
I only persisted because the USDOL comparison charts (also on the UI law page) had an I next to Florida in table 5-14 of the non-monetary chartbook.
However since teachers are usually public employees, I wonder if you overcome the part time limitation if a reasonable assurance issue might become an issue preventing benefits as well.
Chris
***Answer edited 12/19/2013