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  1. #1
    Join Date
    Jul 2011
    Posts
    1

    Unhappy Denied UI in New York for Not Asking for a Leave of Absence Before Quiting. Advise

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

    Hello and thank you for your time and help. Ill start from the beginning and give the best non bias recap i can.

    In June of last year my wife and i had a daughter. My wife took off for maturnity leave and the be the primary care giver as i worked full time. In june of this year it had become aparent that the bills to income ratio was a losing battle. after careful consideration my wife and i decided that it was time for her to return to work full time and that we needed to succure outside full time childcare. After several different interviews with child care agencys in our area it had come to our attention that we could not afford this care. After careful consideration we had determined that she would start back full time as planned and i would quit my job to provide interim childcare for our daughter as i succured a new job making enough money to facilitate proper childcare. I gave 2 weeks notice and explained to my employer in length why i was leaving. (maybe to provoke a raise or solution). My 2 weeks came and i quit on a tuesday. my wife returned to work full time on that thursday. I filed the monday of the following week for unemployment. for the first couple weeks i continued to certify my unemployment as i looked for work. I recieved a call from an "agent?" of the UI office. He asked me several questions, most of which was reverifing my original claim. i told him word for word everything i stated above. then he got "as i felt anyway" harrassing by the following line of questioning.

    He then asked that if i was the primary caregiver, then how can i be "ABLE" to work?
    -I stated that should i find suitable work i would be able to afford suitable childcare.

    He then pressed that who would watch my daughter if i had to go on an interview?
    -i respond that we did have a local college student to watch on a per-diem basis.

    He continued that if i had child care to interview, why did i need to quit?
    -i responded that she is only available certain hours.

    He said what if i had an interview when she was not available?
    -i said that my mother in law was a school teacher and was available to watch my daughter per-diem after 2:30PM. and the college student was taking night classes and was available from 7AM to 3PM.

    he then asked "well if you are able to obtain childcare for interviews at any time why did i have to leave my job?"
    - my reply was that the going rate for a "college babysitter is $15 per hour. and an 10 hour day(my usual shift) would be $150 per day. and thats just not an option.

    he wanted it all in writing, signed by the parties stating that affect. so i got them to sign off just as i stated above and faxed it over to him. he called be back the next day and said that he would review the claim and notify me via parcel post. just seconds before hanging up the phone he added. Why didnt you ask for a leave of absence to sort out your childcare issues? i anwsered because i know they werent going to give it to me anyway considering i all but begged for options. He then said that i was assuming that. then he restated that he would review it and let me know.


    --

    i just got the letter today - DECLINED. due to:

    "You did not make reasonable efforts to save your job by requesting a leave of absence, to resolve your child care issues, so you could continue working. you have not sustantiated you were compelled to quit your job."

    So my question to you all is.... Should i appeal and if so what case should i bring to the table. i was thinking of saying something along to lines of that i stated my reason for leaving to my bosses and that if they felt i deserved a leave of absence or or such i would have been offered it. i can get a couple of signed statements from coworkers who overheard the coversations with my bosses of why i was leaving and attest that. also i think that the reason they didnt offer solutions is because work was slow and they didnt need to the manpower but didnt want to lay off a new father. backed up by to this day aprox 1 month later my postion sits empty with no ads listed in the paper. please advise. thanks again for your time.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,488

    Default Re: Denied UI in New York for Not Asking for a Leave of Absence Before Quiting. Advis

    Generally if you quit for personal reasons you do not get unemployment. Nor was it your employer's responsibility to second guess a decision you made about your personal life. So I wouldn't expect too much from an appeal.

    However, while you have very little chance of prevailing if you do appeal, you have no chance of prevailing if you don't.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Denied UI in New York for Not Asking for a Leave of Absence Before Quiting. Advis

    I honestly don't understand why you would quit a job to find another job so you could afford daycare.

    I also don't understand why this process couldn't have happened during the year your wife was home providing daycare. In other words, you sound like you made all these decisions on a Friday and immediately quit.

    In other words... all three were living on your salary. Now, all three are living on HER salary. So your salary PLUS her salary wasn't enough to live and pay daycare?

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