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  1. #1
    Join Date
    Mar 2011
    Posts
    3

    Default Denied Unemployment for Voluntary Quit Without Good Cause, Need Advice

    My question involves unemployment benefits for the state of: IN

    Hello, I'm from Indianapolis, IN.

    I was recently employed at a retail store for a year and a half, I worked up an excellent track record with above standard reviews and awards granted on what seemed like a monthly basis. Even though I was hired in at the lowest "team", pay grade wise, over the course of this year and a half I was cross trained in literally every team in the store, able to efficiently and correctly complete tasks across the board including a few managerial duties relating to sensitive and private information.

    I have certificates of training in these teams, stating that I am capable of doing the work, etc. I was told before each training that I was being trained to ensure I would have more hours made available to me by separate managers. I spoke with department heads across the board, and up and onwards ending in a long discussion with the store manager. I was even granted some strange appreciation from the district manager for my work.

    In the last three months that I worked my hours dropped from 45 - 50 hours a week down to a whopping 15 hours for the entire month of February. Even that is not an accurate reflection as I was called and told not to report in the following day, as hours were cut and I was not needed. I struggled through these 3 months, talking to everyone in a position of authority within this store, it simply did not matter.

    I decided to submit a 2 weeks notice, as I was working under laid-off terms (I presume, does 15 hours a month qualify as laid off when hours are available one week, and the next three there are 0?), in hopes of at least retaining a good reference as my track record is so good. I applied for unemployment, and it was denied stating "It has not been established the working conditions were detrimental to the claimant and justified the claimant's separation. The claimant is ineligible for benefits in accordance with IC-22-4-15-1."

    I do not at all understand how these conditions were not detrimental to me. 15 hours in a month, minus the 6 hour day that was cancelled, is indeed detrimental! I was not fired, I have no notices of complaint against me, my availability was completely open, and I was being shuttled from different teams even when I was scheduled under one to assist in another due to my qualifications. I did not receive a promotion for the entire period I worked at this store, not in pay grade, I even asked for a simple 'team' upgrade which applies in rank alone, everything was denied me even though I have such an outstanding record and healthy work relationships with the management team including the store manager.

    Please forgive my ignorance of what counts as detrimental legally, I am very young and am trying to wade through this frustrating time on my own. In fact I was kicked out of my shared apartment by my room mates, because these sparse hours did not allow me to pay the bills I was indebted to. I'm living with a former coworker from the same store whom I only spoke to on breaks! I truly do not understand how this is not cause to leave this company and seek employment elsewhere. I quit as I mentioned earlier, only to try and salvage what little was left to me, a good reference.

    Please, anyone who might have some advice speak with me. I'm by myself in a state I don't know, I have no vehicle, I'm a student, this leaves me with online courses and a job radius that is within walking distance only as there are no bus routes within miles of this coworkers home. I'm very anxious to solve this problem immediately.

    Also, I do not understand what is being presented to me here, as the "Legal Result of the Case":

    Your benefit rights are suspended effective week ending --/--/2011 until you have earned your weekly benefit amount in each of eight weeks.

    A 25% reduction may be applied to your maximum benefit amount.
    "

    How do I earn this? The week in question was the week I applied for unemployment, I have collected nothing. Earlier in it's message I was "ineligible", now I can earn 8 weeks of unemployment? I am just terribly lost.

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Denied Unemployment for Voluntary Quit Without Good Cause, Need Advice

    You were denied because you quit. While still working at the business you could have applied for unemployment to make up fo the reduced hours. Once you quit though, it becomes a long uphill struggle to retain any unemployment.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Denied Unemployment for Voluntary Quit Without Good Cause, Need Advice

    you could have continued to work and applied for UI. Since you quit, you are the cause of the total loss of earnings and that is why the UI office dq'd you.

    How do I earn this?
    you get a job

    You had a right to seek employment elsewhere. You didn't have a right to quit and expect UI while looking for another job.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,387

    Default Re: Denied Unemployment for Voluntary Quit Without Good Cause, Need Advice

    Had you not quit, but filed for unemployment on the basis of the fact that you were not being scheduled, you would most likely have been approved. The UI office would prefer that you be receiving SOME hours as opposed to NO hours. When you quit, you shot yourself in the foot.

    You will be eligible when you have found yourself some work and earned a minimum of your weekly benefit amount for 8 weeks, according to what you have posted.

  5. #5
    Join Date
    Mar 2011
    Posts
    3

    Default Re: Denied Unemployment for Voluntary Quit Without Good Cause, Need Advice

    Thank you for responding so quickly, I appreciate it.

    I just do not understand why I am being denied simply because I quit. It states on the Indiana Unemployment Uplink service that quitting is not grounds for denial as long as you have just cause. I am of course at fault as I was not educated that you could even apply for unemployment while you were still employed, that was a personal error and I take full accountability for it (I'm well aware I am young and naive enough to think it's title means what it says); however, I do not understand why my cause was not reasonable.

    I was kicked out of my home, I would be homeless now if not for the kindness and generosity of a former coworker. They did not lay me off officially, or fire me. I was supposed to survive on 15 hours a month? Is this reasonable in the eyes of the law? Is there even a standard to how many hours a person should receive?

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Denied Unemployment for Voluntary Quit Without Good Cause, Need Advice

    I just do not understand why I am being denied simply because I quit
    It's because you quit without cause.



    . It states on the Indiana Unemployment Uplink service that quitting is not grounds for denial as long as you have just cause
    .correct and you do not have just cause to just quit. When they speak of "detrimental", think more "injurious". You were not being injured.

    I am of course at fault as I was not educated that you could even apply for unemployment while you were still employed, that was a personal error and I take full accountability for it (I'm well aware I am young and naive enough to think it's title means what it says); however, I do not understand why my cause was not reasonable.
    the UI folks look at it this way:

    you were earning something. You had a job. Now, you are earning nothing. They have to decide whose fault it is that you are earning nothing. If the employers, they approve your UI. If yours, they deny it.

    I was kicked out of my home, I would be homeless now if not for the kindness and generosity of a former coworker.
    as many in this economy have

    They did not lay me off officially, or fire me.
    right. they did not fire nor lay you off

    I was supposed to survive on 15 hours a month?
    you had the option of filing for UI or looking for another job. You just don't get to quit earning what is available to you and look for a job.

    Is this reasonable in the eyes of the law?
    what would be reasonable would be for you to continue to earn what you could while you sought work elsewhere.

    Is there even a standard to how many hours a person should receive?
    no

  7. #7
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Denied Unemployment for Voluntary Quit Without Good Cause, Need Advice

    Just cause when quitting is going to be for extenuating unforseen circumstances, or for the failure of the employer to provide appropiate levels of protection, such as if you quit because the environment was unsafe. Just cause is not quitting because you don't like the hours.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,387

    Default Re: Denied Unemployment for Voluntary Quit Without Good Cause, Need Advice

    A reduction in hours rarely if ever is just cause to quit a job and still receive unemployment. "I am being sexually harassed and my employer is not doing anything about it" is generally just cause. "My spouse is being transferred out of state" is just cause in some states. "I'm not getting enough hours" is not just cause because you have the option of filing for benefits in that case without quitting.

    It is very rare to voluntarily quit and receive benefits.

    The employer was not obligated by law to schedule you for any particular number of hours unless you had a legally binding and enforceable contract that specifically said that he was. The law does not require that the employer schedule you for more hours than he has work for you.

    It's a shame you didn't know that you could file for unemployment due to an hours reduction as long as you still quit, but your not knowing does not make the UI eligibility requirements say something different.

  9. #9
    Join Date
    Mar 2011
    Posts
    3

    Default Re: Denied Unemployment for Voluntary Quit Without Good Cause, Need Advice

    Ok, I finally have some understanding of what is going on. Thank you to everyone that posted, CBG and JK in particular. You're advice and knowledge has made many things clear now.

    Yes, I agree it is silly of me that I did not know I could file for unemployment while I was employed. Maybe I should switch my major and learn law rather then business so I don't fall into another trap like this.

    As I understand it, I have to find another job and earn eight weeks worth of the minimum benefit amount before I can collect, and a 25% reduction may be taken from the maximum amount. This seems silly to me, as another job would abdicate the need for Unemployment, but perhaps it's in place to subsidize another very low income job.

    It is what it is, thank you very much for taking the time to explain this. I sincerely appreciate it.

  10. #10
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Denied Unemployment for Voluntary Quit Without Good Cause, Need Advice

    =Sonyei;506055]

    Yes, I agree it is silly of me that I did not know I could file for unemployment while I was employed. Maybe I should switch my major and learn law rather then business so I don't fall into another trap like this.
    I wouldn't say silly. It is just something you were unaware of and it is a shame you got caught like this.

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