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Job Benefit Eligibility in Ohio

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  • 12-22-2016, 07:20 PM
    NathanK07
    Job Benefit Eligibility in Ohio
    I am going to be starting my last semester in college while working full-time. Unfortunately, this last semesters schedule conflicts with my work schedule. I asked about moving to another shift and was told there are no openings although I know this is false. This gives me two options. Quit or go to school and get fired for no show. Obviously I don't want to be fired but this being forced to quit isnt the best either. Will I be able to get UI approval under the just cause law? I asked for a layoff and was told that wasn't possible because I was needed.
  • 12-22-2016, 07:25 PM
    chyvan
    Re: Benefit Eligibility in Ohio
    Quitting to go to school is NEVER "good cause connected with the work." It's treated as "good personal cause" and is disqualifying.

    Quote:

    Quoting NathanK07
    View Post
    I asked for a layoff and was told that wasn't possible because I was needed.

    Your employer would have been within their rights to "lay you off" at your request and tell that story to UI, and it would be treated as a quit, and you'd have been out of a job with no UI. They did you a favor by keeping you on. Don't get cute next time, or it might not turn out so well.
  • 12-22-2016, 07:54 PM
    NathanK07
    Re: Benefit Eligibility in Ohio
    Quote:

    Quoting chyvan
    View Post
    Quitting to go to school is NEVER "good cause connected with the work." It's treated as "good personal cause" and is disqualifying.



    Your employer would have been within their rights to "lay you off" at your request and tell that story to UI, and it would be treated as a quit, and you'd have been out of a job with no UI. They did you a favor by keeping you on. Don't get cute next time, or it might not turn out so well.

    Been out of a job with no UI? That's where I'm at anyway by quitting so I don't see how they are doing me a favor. Also, I wasn't being "cute". You weren't there and don't know the situation or context so I'd appreciate it if would refrain from insults when I'm simply looking for legal advice. That said, I do appreciate your post and it looks like I'll just have to make some sacrifices while finishing this last semester.
  • 12-23-2016, 06:57 AM
    comment/ator
    Re: Benefit Eligibility in Ohio
    Total misunderstanding here of what the just cause aspect of the unemployment statute is all about, and the essential function of unemployment insurance.

    It's always that you are out of work "through no fault of your own." This means the employer has given you reason to be out of work, whether it was by simply having no more work for you, for firing you for an inappropriate reason, or for doing something so egregious that you had "just cause" to quit the job. (such as failing to pay you, or physically assaulting you or forcing you to work in unsafe and dangerous conditions)

    But then, in order to qualify for unemployment benefits, you must be able, available, and actively seeking other work. And you cannot request that your work be only jobs that would accommodate your schools schedule. School attendance is considered a personal choice, and you are not in the labor market if you have a restrictive school schedule which you expect employers to accommodate. It's not the purpose of unemployment insurance to provide you with income when you are in school or when you are ill or traveling, or any time when you are otherwise occupied other than being at work or available for work.

    It is not income based, so it is not based on need for it, it's not paid in by you, so the employer is the one who suffers financially if you receive unemployment benefits. If you stop working for them because they could not give you the shift you needed to accommodate your school schedule, then they do not feel they should have to pay more for your personal choice to attend school and the unemployment system will agree with them with this.

    My suggestion is to try to find another job that will work better with the hours you are going to be in school.
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