Results 1 to 8 of 8

Hybrid View

  1. #1

    Default Denied Unemployment After Caring for a Relative, Past End of FMLA Leave

    My question involves unemployment benefits for the state of: New Jersey

    I had no choice but to take Family Medical Leave - which is unpaid, in order to spend the greater portion of my time caring for my mother, who lives a good two hours away in the next state from my now former employer's location. Her health has still not improved to the point that I can cut back the amount of time I have to spend there, and my 90 days of FML have ended. I was denied UI because they say I left voluntarily and without "Good Cause". Don't they define "Good Cause" as what a prudent person would do in their given circumstances?

    I can't find any precedents for appealing a case like this. Does anyone have some insight?

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Denied Unemployment After Caring for a Relative, Past End of FMLA Leave

    Although you had a perfectly good personal reason to use all your FMLA and not return when it was exhausted, such a personal reason is not generally a good reason enough to make you eligible for unemployment. Besides, one of the requirements to be eligible for UI is to be job searching and be available to accept a reasonable job offer.

  3. #3

    Default Re: Denied Unemployment After Caring for a Relative, Past End of FMLA Leave

    I had been working part time near where she lives. They had to cut back staff, so they laid me off, but I wasn't there long enough to qualify for that state's UI.

    I'm ready willing and available to work, it just has to be near my mother's residence. I am currently sending my resume around and going on interviews.

  4. #4
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Denied Unemployment After Caring for a Relative, Past End of FMLA Leave

    If this was just recent, you probably didn't have any wages paid in the new state, so the claim would have had to have been filed in your old state. Did you do that?

  5. #5

    Default Re: Denied Unemployment After Caring for a Relative, Past End of FMLA Leave

    Yes, I checked and in fact, I had not been working there long enough to file in that state, so I filed in New Jersey, where my original employer was. This is all very recent.

  6. #6
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Denied Unemployment After Caring for a Relative, Past End of FMLA Leave

    Then since your NJ employer is the only one in your base period, I'm would not be optimistic that you would prevail on appeal. You can try. Free, and just takes a little time, if the appeal deadline been passed yet.

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Denied Unemployment After Caring for a Relative, Past End of FMLA Leave

    Quote Quoting abbracadaver
    View Post
    My question involves unemployment benefits for the state of: New Jersey

    I had no choice but to take Family Medical Leave - which is unpaid, in order to spend the greater portion of my time caring for my mother, who lives a good two hours away in the next state from my now former employer's location. Her health has still not improved to the point that I can cut back the amount of time I have to spend there, and my 90 days of FML have ended. I was denied UI because they say I left voluntarily and without "Good Cause". Don't they define "Good Cause" as what a prudent person would do in their given circumstances?
    the simple fact that you are not seeking employment and able and willing to accept it is alone enough to deny a UI claim.

    Don't they define "Good Cause" as what a prudent person would do in their given circumstances?
    only as it relates to work related issues.

    1. Sponsored Links
       

Similar Threads

  1. Unemployment Benefits: Collecting UI or Paid Family Leave Whilst Caring for a Sick Parent Abroad
    By Askalot in forum Employment and Labor
    Replies: 7
    Last Post: 09-30-2010, 11:21 AM
  2. Disabilities and Accommodation: Unemployment After End of FMLA Leave
    By gka37 in forum Employment and Labor
    Replies: 1
    Last Post: 07-21-2010, 03:01 PM
  3. Disabilities and Accommodation: Unemployment Insurance After FMLA Leave and Subsequent Resignation
    By chookies in forum Employment and Labor
    Replies: 1
    Last Post: 12-12-2009, 10:33 PM
  4. Applying to Rent: Not Allowed to Rent Due to Past Actions of a Relative
    By ccmahone in forum Landlord-Tenant Law
    Replies: 4
    Last Post: 06-30-2009, 02:56 PM
  5. Disabilities and Accommodation: Denied Entitled Benefit During FMLA Leave
    By raeingram in forum Employment and Labor
    Replies: 2
    Last Post: 08-10-2008, 06:44 AM
 
 
Sponsored Links

Legal Help, Information and Resources