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Involuntary quit couldnt go out of town overnight.

by Willam
(NM Unemployment Appeals)

Before hired I told the field supervisor, I was a single parent, with a child with asthma, sometimes she requires a nibulator breathing treatments, and that I had to pick her up from after school program no later than 6pm, that leaves me 2 1/2 hrs to get back to town. He said ok.


He asked me to go 70 miles out of town, I said that's great for me, I can do that, I'm a light duty construction worker, carpenter.

About 2 weeks later on a Friday, foreman says I have to go to Roswell, which is about 175 miles out of town and I would have to stay overnight.

I told foreman that I couldn't go and that I had agreement with the supervisor, verbal agreement mind you, that I would take the job, but I couldn't go to far out of the area.

Foreman said that's where they need you. I immediately called hiring supervisor who hired me, couldn't get a hold of him because its late Friday.

Make a long story short they denied unemployment benefits stating I quit.

First, I only worked for them about 9 days total, they did rehire me 9 weeks later, when they got work closer to town but was laid off, but still fighting this initial appeal. My question is do I have a good case: Here is my argument for not taking job out of town.

Pre-Employment verbal agreement that I couldn't go far out of town, single parent of child with health issues, and last of all if I were gonna take the overnight stay job costs: lodging 160$ 4nights, 230 gas roundtrip to and from work, meals 75, overnight sitter 200. total cost is
around 600$. My whole check.

Working for free, doesn't make sense to take overnight job even if I could take it.

I tried to work something out with girlfriend, but she works too.

So no xmas last year. I live in Albuquerque NM.

Please give some advice and what you think of my chances of winning my appeal, it will be here in a few weeks, trying to do research on it to win. Thank you William.



Response for: Involuntary quit couldn't go out of town overnight.

Hi William,

First, I think you were right to appeal, however, it would of been useful to know more about how you refused the employer.

Why what this deemed a voluntary quit if you were only working sporadically for this employer and in fact you did continue to work for them later on a project that was "suitable work" to your circumstances and the original verbal agreement of hire you had with the employer when you accepted work from him?

Check the NM Precedent manual out and then .. if you need to let have a more focused chat.

Disqualifications - Refusals of Suitable Work.

William, you've got to know what the unemployment law says about why your refusing the Roswell assignment wasn't suitable for you.

Clearly you did make an effort to accept the job, but you had to take care of your first priority .. your child.

Quitting requires good cause, but you have to be able to prove the efforts you made first .. and it's relevant that the employer simply disregarded your reasonable need to refuse this assignment .. but I'm questioning how the job was ended William .. Did you say .. Well then, I quit?

Chris


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