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    lauralg's Avatar
    lauralg Posts: 12, Reputation: 1
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    #1

    Dec 17, 2008, 11:53 AM
    Unemployment Compensation
    I lost my job 4 months ago. I got tired of sitting at home and took a job which was not categorized as "suitable work". I was trying to make an attempt to start receiving an income. After 4 days on the job, I experienced pain from an injury which did not occur on the job. My doctor provided a statement and advised me to quit and continue searching for "suitable work". Can I be denied unemployment benefits? How can I be penalized for a failed attempt to return to work?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Dec 17, 2008, 12:17 PM

    How long did you work at the first job?
    Did the 'not suitable work' take taxes out of your pay?
    If you have a doctors excuse I don't think they would be able to use that against you.
    lauralg's Avatar
    lauralg Posts: 12, Reputation: 1
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    #3

    Dec 17, 2008, 01:44 PM

    I worked for 7 days. My background is management and this was a position in a restaurant. Go figure! Anyway, the employer did in fact take taxes out. I have a doctor's excuse. The employer did not have any alternate positions which would not impair my physical condition. I have done a lot of research today on "just cause" for quitting. I just need insight! Thank you!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #4

    Dec 17, 2008, 03:32 PM

    To receive unemployment you have to be able and ready to work, if you are hurt and can not work, you could not receive unemployment until you are well enough to work again.

    But the issue is, you went to work, unemployment at least here does not care what work it is, if you go to work, then unemployment ends and if you quit that job, there may be a new waiting period. I personally doubt you will receive it since you quit the last job.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #5

    Dec 17, 2008, 04:25 PM

    Also to receive unemployment you have to have worked approx
    18 weeks within the year. I was asking about the other job you mentioned because I figured you hadn't been at this job long.

    I think as long as you start another job it doesn't matter if you quit the previous job but if you quit the newest job then you can not collect without good reason. But you have to be available to work.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #6

    Dec 17, 2008, 06:47 PM

    Since you quit the second job you can't collect as you are not ready, willing and able to work. This is quite unfortunate, but that is their rules. Now, had you been laid off from the second job instead of quit (drs note, advice, etc irregardless) then you would have been eligible for unemployment. But you technically could not collect as you are not ready, willing and able to work. Did you receive unemployment when you lost your first job?
    lauralg's Avatar
    lauralg Posts: 12, Reputation: 1
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    #7

    Dec 18, 2008, 06:33 AM
    I was receiving unemployment after being laid off from my first job. The new job was too physcially demanding, not the suitable work that I had been accustomed to. I do have a doctor's statement. My doctor advised me to quit in order to alleviate further injury. I talked with the new employer, but they had no alternative positions to put me in. It was a VERY substantial decrease in the wages I was accustomed to... over 50% reduction in pay. I appreciate any insight!
    lauralg's Avatar
    lauralg Posts: 12, Reputation: 1
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    #8

    Dec 18, 2008, 06:38 AM
    Another note... I have been searching diligently for work in the environment I have worked in all of my career. What about the 20% rule in compensation? I would hope that would apply. I only worked at the new job for 7 days.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Dec 18, 2008, 07:06 AM
    Hello laura:

    I don't disagree with my friends.. Technically, you DID quit your last job, and that "technically" makes you not eligible...

    However, if you erred, you erred on the side of WORKING. I doubt whether the unemployment folks will refuse your claim to regain your benefits.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #10

    Dec 18, 2008, 08:14 AM
    Quote Originally Posted by lauralg View Post
    Another note....I have been searching diligently for work in the environment I have worked in all of my career. What about the 20% rule in compensation? I would hope that would apply. I only worked at the new job for 7 days.


    In my area - at least - you have to be ready, willing and able to work. If you have a medical excuse that you can do this but cannot do that, you cannot collect unemployment. I realize that's not fair, but...

    I certainly would file and expect to appeal but I don't see you collecting.
    lauralg's Avatar
    lauralg Posts: 12, Reputation: 1
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    #11

    Dec 18, 2008, 09:00 AM
    Thanks for your insight. I am appealing their decision. I've read some information on the 20% wage decrease rule, along with the fact that I only worked 7 days. I have a lot more research to do though. Plan on representing myself.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #12

    Dec 18, 2008, 09:02 AM
    Quote Originally Posted by lauralg View Post
    Thanks for your insight. I am appealing their decision. I've read some information on the 20% wage decrease rule, along with the fact that I only worked 7 days. I have a lot more research to do though. Plan on representing myself.

    I once quit a job, was denied, appealed, represented myself and won. If you have proof and a clue what you're talking about, you have a good chance.

    What State?
    lauralg's Avatar
    lauralg Posts: 12, Reputation: 1
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    #13

    Dec 18, 2008, 09:04 AM
    Thanks! I live in Kentucky. I would appreciate any information you can pass along. I think there should be a way to win this thing.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #14

    Dec 18, 2008, 10:03 AM
    Hello again, laura:

    I HATE government, so let's start with that...

    I had a real mean argument with a former employer who promised me that he'd fight my unemployment claim all the way. He might have been "technically" right, I don't know.

    But, when the guy who heard my appeal said that if THEY'RE going to err, it's going to be on the side of the unemployed, you could have knocked me over with a feather. Now, I suppose there ARE non-caring bureaucrats in every agency. Hopefully, the ones in YOUR case will see the bigger picture.

    excon
    lauralg's Avatar
    lauralg Posts: 12, Reputation: 1
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    #15

    Dec 18, 2008, 01:03 PM
    Good going! I just hope I catch the appeals referee in a somber, sympathetic mood! If I had continued to work the new job, it would have resulted in back surgery or paralysis. Go figure!

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