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Unusual case of denial of unemployment benefits.

by Peter N
(New York,NY)

I was denied unemployment benefits after claiming for it a month ago because the department of labor claimed I quit with no good cause in the determination sent to me in the mail. I claimed I was layed off because I was an experienced office worker for almost 5 years and weekend manager, my company then signed my lay off papers because they are downsizing they no longer have any office positions available for me. I tried to fight and hold on to my position with the company. I was then only left with one choice by my employer in terms of employment and that was to work on-site on the street, escorting clients of the company to their taxi/limousine, which I feel is a huge demotion and does not have anything to do with my knowledge and experience with my companys programs and line of work. After giving a shot at the position offered I came back to my employer and was disputing with him that the change is wrong and I want my position in the office back which I am trained and skilled to do. After this on going dispute, my employer said again there is no room for you just file for unemployment. I filed for benefits and later was told I quit as per the department of labor, so I contacted my employer and asked him what's going with my claim and why has someone in the company claimed that I quit? Then my former manager contacted the president of the company and reviewed my case and decided I should be entitled for benefits and that will be passed on to proper department in the company. Now one week later I receive a letter of denial of benefits in

the determination because I quit. My question is what can I do now without appealing the decision, because obviously my former employer are willing to approve my lay off.



Hi Peter,

You have to appeal. The employer cannot do anything to change the determination. If you provide enough information the state MAY issue a redetermination or just send it on to a hearing, which of course you'd have to attend in person if you're in NY, NY.

It is commonplace for employers to protest with the termination code in the payroll system. Even though they eliminated your office job, you subsequently took a different position and then quit. Employers also can and do use this to try to prevent people from collecting. You need to show that you didn't continue in the second position because it was not suitable for whatever reasons you thought so.

Of course if you could get something in writing from the employer stating this also...it would help.

I suggest you read the answers to some of the questions on this page

Your situation is not unusual, in fact it's fairly commonplace. The denial was due to the fact you told the department you were laid off and the employer responded to them that you quit, which in fact was true, but you'll want to focus your appeal on the fact that the job the employer offered to keep you employed was not a "suitable" job and you had good cause to refuse it.

To understand what good cause for refusal is start here.

This page has lists of attorneys and lay representatives who have agreed to New York's rules to represent at unemployment hearing...in case you think you might need some assistance.

Hope this helps you out.

Chris

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