Denied Unemployment Because I Was a Student During the Qualifying Base Period

[da90]

My question involves unemployment benefits for the state of: Indiana

This occurred in Indiana.
In August of 2010, I took out student loans to complete a master’s degree. In February of 2011, I began working at a fine-dining restaurant as a server. The practices of this restaurant were very unethical including mandatory 1-4 hour meetings we were not paid for, including a mandatory 4 hour cleaning day consisting of painting trim, refinishing doors in the restaurant, mopping, cleaning with abrasive chemicals, etc (not paid for any of this) and even being shoved (she poked me in the back with three fingers with such force that I was pushed forward) by a manager in my 2nd week of work.

However, I put up with the treatment to maintain a job as I have a lease I have to pay. I was never late to this job, never missed a shift, never received any sort of warning. I was fired because a customer complained that it took too long to get her check, which was actually the server’s fault yet the blame was put on me since they had been there 5 years (I was basically a server assistant and we split tips equally).

As servers, we were told to claim 70% of our credit card tips, so cash tips were generally never claimed. Thus, my wages earned are probably 50% of actual wages earned.

After being fired with no warning and in my opinion without just cause, I filed for unemployment. They decided to look at wages earned between 7/2010 and 7/2011. (Keep in mind my employment was from 2/2011 to 11/2011) From 7/2010 to 1/2011 I was in school and did not have the ability to hold down a job (I took out 22k in student loans). I was just denied benefits because my highest quarterly wages (3100$) (this last quarter since that’s the only quarter I was actually employed) times 1.5 are 500$ short of the necessary total quarterly wages (mine were 4500$, the minimum was approximately $5100).
First off, like I said, not all wages are declared as a server. Furthermore, I was a student for the majority of the time they decided to look at my wages earned. Being as I was fully employed for the last eight months and fired without any prior issues, I am baffled by being denied unemployment.

I called and spoke to a representative, who basically just kept repeating that my yearly wages must be 1.5x the highest quarterly.
As of this year, my paycheck says I’ve earned $9000 (this is about 50-60% of actual wages earned since this consists of the declared tips). I am not sure what I can do at this point or what my options are, but it seems ridiculous that they chose a time frame over a year ago in which I was in school to decide if I’m eligible for unemployment.


Thanks in advance for ANY advice.

[Mr. Knowitall]

If you would have qualified but for the tip issue, it certainly isn't the unemployment agency's fault that you misrepresented your total income in order to cheat on your taxes, even if 'everybody else was doing it'. Choices have consequences.

You can look in this guide, which explains the base periods used for unemployment claims. If they used an incorrect base period, you can ask that they use the correct base period. If they used the correct base period and you didn't have enough income to qualify for unemployment, there's not much more that can be said beyond an expression of sympathy.

[da90]

Is there anything I can do to pursue the times I worked without pay and/or being shoved by management?

[Mr. Knowitall]

If you believe you are entitled to unpaid wages, you can file a wage complaint with the DOL.

Somebody pushed you in the back, using three fingers, with the sole claim of injury being that you were "pushed forward"? I suppose you could complain to whomever is responsible for supervising the person who pushed you, although if you've never said anything about it, have no injury and have no other evidence I wouldn't expect much to come of it.

[Beth3]

First off, like I said, not all wages are declared as a server. They're supposed to be. If you chose not to, I guess now you're paying the price.

Furthermore, I was a student for the majority of the time they decided to look at my wages earned. Being as I was fully employed for the last eight months and fired without any prior issues, I am baffled by being denied unemployment. Apparently you didn't earn enough wages in enough quarters to qualify. This is entirely formula-driven under your State's UC regulations.

I am not sure what I can do at this point or what my options are, but it seems ridiculous that they chose a time frame over a year ago in which I was in school to decide if I’m eligible for unemployment. The "look back" period to determine if you are eligible is, again, entirely formula-driven under State UC regulations. You don't get to pick which pay periods the State uses in their determination - the law does.

Is there anything I can do to pursue the times I worked without pay and/or being shoved by management? You can file a complaint with your State's DOL for your unpaid work time. As to being shoved, it was over a year ago and you have no damages and no injury. No, you can't do anything about it.