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NYS School and Unemployment

(New york)

I live in nys and I worked a job for less than 90 days. A job in the beauty industry. I was never told by the employer that I had to be available at all times. 60 days into my employment I decided to take on Esthetics school part time and received a student loan. I went to the manager and explained that I was going to school and it was a flexible part time schedule She simply said to me that she could not accommodate me in any way That I simply had to be available period. After trying to come up with a schedule and to negotiate with her she still said no. It literally brought me to tears for the first time in my life I was so stressed and upset because now I had to resign because I started school I could not quit. Also the school was work related so I just did not understand why she refused me and would not meet me half way. So I applied for unemployment to get me by. I have been actively looking while going to school and hope to work soon because I actually Do want to work. I was just sent a letter after a month of receiving unemployment to verify that I in fact quit. What do I do now?

I guess I'm confused. What did the letter from unemployment say?

I assume they stopped benefits .. or you probably wouldn't be here.

The resource you need now is the NY precedent decisions to see if there is a way to argue effectively that you quit the job with good cause.

Comments for NYS School and Unemployment

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Mar 29, 2010
No Not yet
by: T

Hello Thank you for such a quick response. No I have received a month's worth of benefits so far. I received the letter today. It is a 2 page letter asking questions about my last employer. It simply states that I must continue to claim unemployment as long as im unemployed and secondly "benefits may be withheld pending an investigation into this matter" the questinnaire is all types of questions about my last job. start, end , pay, supervisors name, did i take steps to resolve matters before quitting.

Hi T,

I have a question .. when you began school .. was it approved through the state employment department? Such as WIA?

Mar 30, 2010
by: T

The loan paperwork I have states it is a William.D Ford Federal Direct Loan Program. (us.dept of education)
Also as a side note a friend told me that when I was hired the manager I had on duty was very flexible. She resigned. The new manager was the one that would not be flexible when I came forth to her. I tried to meet her halfway and I had already started school and had the loan out. She refused to the point where I had an emotional breakdown in her office because I was put in a situation where I was pretty much forced to resign though I liked my job but already committed to a school and loan. Is that enough reason to get help? I also am honestly looking actively everyday for work. As I want to work. I need the help so I don't become homeless literally.

Mar 31, 2010
The premise of an argument.
by: Chris


Just be careful about how you frame your argument.

If you tell them that you had to quit so you could attend school .. I do not see this having even the slightest possibility of going your way.

A voluntary quit needs to be attributable to the employer .. not so you can attend school.

Focus on the fact that you based your decision to go to school on the agreement of the employer (former manager) to be flexible. This decision required a "financial obligation" and student loans have requirements aside from the fact that you must repay them.

Instead focus on the fact that you made every attempt to work things out with the new manager and that the employers decision to retract the prior agreement posed a financial loss to you.

If you can, get the former manager to be your witness that the new manager was being unreasonable and that you going to school did not pose an unfair or unworkable burden to the new manager.

Take the emphasis off school and put it on the employer's unreasonableness and the loss to you wouldn't be that you couldn't go to school anymore, but that you would now have the burden of a loan due to the this.

I have no idea if it will work .. but it's better than the alternative.

Apr 14, 2010
still waiting
by: T

Ok so I submitted my information because they froze my dispersement. I sent a detailed letter stating that I left my job because the first manager was flexible but the second manager who took over was not and I could not quit school while under a school loan. I also stated I was flexible and tried to find a halfway point which she refused. IT has been going on 4 weeks and no responses of any kind. I called yest and they took my number saying someone would call me back who was working on the case. No calls. How long does this take? what can i do? Do they have a cut off time? I have no income. Living off of credit cards

I have no idea how long NY is taking to resolve eligibility issues .. I usually advise anyone with this sort of problem .. to just jump right to the top of the food chain .. in most states that would be the state attorney general or inspectors office.

Apr 20, 2010
Update and News
by: T

SO after a month long wait and silence I received a new updated monetary benefit determination letter. similar to the one I got last time before and it was approved. Its "revised"
I also got a message from someone at the unemp office saying to call them. I have not done so yet. 2 questions?

1.Does this mean im approved again? I should wait and see what happens?

2.Should I be calling them back or is it better to let them make their decisions based on my letter which obviously has gotten me to a "revised" form? not sure what they would ask me?

Hi T,

If you received a revised monetary determination .. I wouldn't get to excited .. I'd just verify that it is correct.

The determination that says whether a person can or cannot receive benefits is the non-monetary determination or the the one based on the merits of the claim. I'm certain that's why they want you to call back .. for the "phone interview" which helps them determine the non-monetary or "separation determination".

Every claim has at least two "initial determinations" .. monetary and non-monetary and as in your case .. one or both can be revised or "redetermined".

In fact it's important to understand that each time you re-certify .. or file a continued claim for benefits .. they can issue a determination which stops benefits .. if you raise a flag while answering their questions.

Never .. I repeat, never ignore a state's message to call them. They are giving you the opportunity to provide information as they are required to .. if you don't .. too bad .. so sad.

Not calling back is what usually forces the state to include "based on the available information" in the language of a determination .. and that usually means someone didn't get back to them on time .. (they also usually give a deadline)

Just remember this .. Collecting unemployment is a full-time job. You're working for the state and you have to follow their rules. Your job is to find a job .. end of story .. unless they approve you for training benefits.

Apr 20, 2010
Tried to call
by: T

thank you for your feedback. I tried calling today and had to leave a message for them as no one answered. I did leave a detailed message though. ALSO I specified that I have found a new full time job and that it would begin as of next week therefore I would only need the 5 weeks of unemployment paid to help me pay my rent.
I hope that was the right thing to do. I also left all my info inluding my tel number. Should i keep trying them?

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