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  1. #1

    Default Can I Get Unemployment if Work Required Interferes With Previously Approved School

    My question involves unemployment benefits for the state of: Kansas, Sedgwick County

    I have worked for my current employer for almost 8 years. I have been a model employee, have always been a top performer, and have maxed out all of my raises. 3 years ago, i returned to school, and have still maintained my full time status even though attending school full time. My company is undergoing a buyout by another company, so they are "cleaning house" at the present. My current days off are based on my school schedule, they have willingly given me a school accomodation for the past 3 years (as well as tuition reimbursement for the first 2 years). I have, in turn, taken classes based on my work schedule to try to lessen their accomodation needs.

    We have a mandatory training coming up, which is scheduled on my normal "Days off", which are actually days that I have classes. I am in nursing school, so my classes involve spending 12 hours a day in the hospital, and I have to acquire the mandatory hours to complete my requirements. I was advised today that the training is mandatory, and if I am not able to attend, I will not be able to continue my employment.

    My questions is #1: if they force me to resign, can i still apply of unemployment?
    #2: Because I am a full time nursing student, will I be able to get unemployment? I have done 3.5 years of schooling while working full time, and intended to maintain my job util I graduate this coming December. Are there special circumstances in which I can still qualify for unemployment, while technically, i am not available to work 24/7?

    Thanks so much in advance for any insight you may be able to give!

  2. #2
    Join Date
    Jan 2006
    Posts
    20,639

    Default Re: Potentially Unemployed

    beviemcturtle;523091]
    My questions is #1: if they force me to resign, can i still apply of unemployment?
    probably not. To collect UI you have to be able to work. Refusing to work because your school means you are not able to work.

    #2: Because I am a full time nursing student, will I be able to get unemployment? I have done 3.5 years of schooling while working full time, and intended to maintain my job util I graduate this coming December. Are there special circumstances in which I can still qualify for unemployment, while technically, i am not available to work 24/7?
    that's up to the UI folks but it can disqualify you. Again, you have to be ready willing and able to accept employment. Attending school is typically seen as putting you into the "not able" to accept employment or put so many limitations on it that it would hinder you obtaining employment.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    12,973

    Default Re: Potentially Unemployed

    #1. Well, you can APPLY. Whether you will be approved for benefits, however, is somewhat questionable.

    #2 In my state, at least, in order to go to school and still collect UI while not available to work, you have to be in a job retraining program approved by the state and applied to through the UI office. Your state may be different but only they can say, and I'm not holding my breath.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    5,061

    Default Re: Potentially Unemployed

    You're in a damned if you do, damned if you don't situation. Because if you don't show up for the training at work, you can be terminated. the reason will likely be "Did not show up for work". Which is cause for Unemployment to say "No" to your application for Unemployment.

    IF Unemployment is awarded....your employer can challenge it. Downside is...it can lead to $250+ for an Advocate Lawyer. And if you lose you may have to pay back every dime of Unemployment you received.

    Can you survive without your job? Suggestion - since you are already doing stuff at the Hospital, would they be willing to hire you, and work with your schedule?

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