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  1. #1
    Join Date
    Mar 2011
    Posts
    3

    Red face Denied Unemployment Due to Attending School

    My question involves unemployment benefits for the state of: California.

    Hi, short version of my situation: Was let go from my Job (no gross misconduct issues); applied for unemployment, denied although I said on the phone during the interview, that I would take a job if offered despite my Schooling that I am attending to become a manicurist/esthetician. What is really confusing is the fact, that I got an Award Letter, so I thought I was good to go and approved, stating my weekly benefit amount etc., then 3 days later, a "denial letter" came, telling me I was denied, basing their (EDD's) decision on me attending School currently. In my Appeal Statement, I clearly stated again that I would quit my schooling if offered full-time work no matter what, so that should make me "ready and available" for work which is a criteria for receiving benefits from all that I have read.

    I'm expecting a Court Date (but hoping that I'll be approved without a Hearing).

    Any advice for me out there?

    Just give up at this point and look for work, or do I possibly have a decent chance of winning my Appeal? As far as I know, my employers didn't contest my UI Claim.

    Thank you so much for reading!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Denied Unemployment Due to Attending School/Appeal

    I have had employees denied benefits when I did not appeal. The defining feature is not whether or not the employer contests, but whether the employee's employment ended for a qualifing reason AND the employee is in compliance with all the requirements to collect.

    Is it possible that the UI office sees your schooling as interfering with your job search? You are required to put in a certain amount of effort (how much varies by state) into your job search in order to be in compliance with the rules to collect, and if your schooling is interfering with that, you can be denied regardless of what the employer says.

  3. #3
    Join Date
    Mar 2011
    Posts
    3

    Default Re: Denied Unemployment Due to Attending School/Appeal

    No, I agree, that's probably why. But I said on the phone I'd quit school for a Job and said the very same thing in my typed-up Appeal Letter I'm sending off Certified this afternoon (I received the denial letters yesterday afternoon).

    I was just hoping it was the "catch-22" I'd need to qualify, that I'd gladly quit School for work...

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Denied Unemployment Due to Attending School/Appeal

    Being willing to quit school for a job, and spending enough time looking for a job, are not the same thing. You need to make sure they understand that not only are you willing to quit school if you get a job, but that you ALSO are not allowing school to get in the way of your conducting the required job search, and enough of it to meet the mandatory requirements.

  5. #5
    Join Date
    Mar 2011
    Posts
    3

    Default Re: Denied Unemployment Due to Attending School/Appeal

    Solid Advice. Thanks.

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