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  1. #41
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    Again, you are free to present your evidence of the unavailability of child care on appeal.

  2. #42
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    UnemployedAgain;744134]How about this: I was already familiar with most of the providers in town and knew what their hours were - and I didn't know of a single center that opened before 6 a.m.
    that sure sounds a lot better than making a statement that is very suggestive you had looked for 3:30 am care due to the shift change when in fact you had not.



    When I was notified of my shift change, I knew I couldn't work those hours because I had a child in daycare and told my boss the next day (I didn't get to talk to him the first day, it was the corporate people who told me). His response was to ask me when my last day would be. That doesn't give me time to look any further, right?
    I'm not saying you did have time. I was simply poking holes in your statements that you were looking for care (with the implication it was due to the shift change)




    Veracity; a very important word. Much of any decision that is not supported by actual evidence that can be reviewed independently of the parties is based on the believability of the party speaking. If your veracity is in question, so is everything you say.

    1 : devotion to the truth : truthfulness

    2
    : power of conveying or perceiving truth

    3
    : conformity with truth or fact : accuracy

    4
    : something true <makes lies sound like veracities>


    those little untruths or false implications can damage your veracity.

  3. #43

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    What I have said all along is 100% the truth, I think it's just getting tangled up in the minds of those who aren't living it on a daily basis as I am.

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
    View Post
    Again, you are free to present your evidence of the unavailability of child care on appeal.
    I am sure I could - however, why would it even be relevant? I was notified on Wednesday that my shift was changing effective Thursday and on Thursday (after having no time to find anything else) they demanded to know when my last day would be - why would I need to show evidence that I would be gathering after the fact? It's not like they gave me 2 weeks to find other childcare arrangements and I failed to do so.

    As I said previously, I knew that all of the places I had looked previously would not have been suitable based on their hours of operation or lack of experience with special needs children. How is having prior knowledge relevant to my argument that I can't find something suitable on a few hours notice? And once I "gave" my notice (it was almost demanded from me), why would I have looked any further?

  4. #44
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    Quote Quoting UnemployedAgain
    View Post
    What I have said all along is 100% the truth, I think it's just getting tangled up in the minds of those who aren't living it on a daily basis as I am.
    I took the time to explain my statements such that hopefully you would see where your statement could be seen as erroneous. Remember, the people you talk to are not going to have walked in your shoes either. What you say here doesn't mean much. What you say there could be the difference between UI and no UI.

    It's up to you from here on out.

  5. #45

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    Assuming that your employer told you that your hours could be changed .. and you took the job knowing this. Too bad then for sure if this is a fact concerning your employment.

  6. #46
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    Many people advertise on CraigsList for "live in" help. You give room and board, food, and a little pay.....they live in your home and are obviously there during the hours you would work.

  7. #47

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    Quote Quoting Jack Jackson
    View Post
    Assuming that your employer told you that your hours could be changed .. and you took the job knowing this. Too bad then for sure if this is a fact concerning your employment.
    Why would anyone assume that when it is contrary to the facts? I would have never taken the job unless they would work within my availability - I was very clear about that.

    - - - Updated - - -

    Quote Quoting PandorasBox
    View Post
    Many people advertise on CraigsList for "live in" help. You give room and board, food, and a little pay.....they live in your home and are obviously there during the hours you would work.
    I would never take a stranger into my home, even if I had the room - which I do not. It's a moot point anyway since I am no longer looking for off-hours childcare.

  8. #48
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    Quote Quoting UnemployedAgain
    View Post

    I would never take a stranger into my home, even if I had the room - which I do not. It's a moot point anyway since I am no longer looking for off-hours childcare.
    there you go again. I thought we settled that that you never were looking for off hours child care?

  9. #49
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    Quote Quoting chyvan
    View Post
    Based on the decision she typed in, ID appears to be a state that doesn't allow for good personal cause, and there are states like that.

    Had she lived in a state like CA....
    chyvan, when you start going back channel to tell people to ignore the site's volunteers, it's not helpful to this site or to the person seeking information. People get confused. If you believe something is incorrect in this thread, please - by all means, post your new information here.

    You can correct me if I'm getting something wrong here. In the city-data thread you continued your argument that the OP should refrain from mentioning child care issues, and focus on this being an offer of "new work" based upon the earlier start time. Your argument is predicated on 26 U.S.C. Sec. 3304, and your apparent concession to the legal authority posted in this thread that problems with child care do not appear likely to carry the day in an Idaho unemployment proceeding. You are focusing specifically on this provision,
    Quote Quoting 26 USC Sec 3304(a)(5)
    (5) compensation shall not be denied in such State to any otherwise eligible individual for refusing to accept new work under any of the following conditions:

    (A) if the position offered is vacant due directly to a strike, lockout, or other labor dispute;

    (B) if the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality;

    (C) if as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization;
    Having formerly managed a bakery, I have to tell you - it's an early morning occupation. Reference the classic ad campaign, "Time to make the donuts". Also, as is clear from the information the OP posted in that thread, it was far too late to keep out the fact that the principal reason she quit was over child care, not the change of hours being a material change rising to the level of "new work". Had you continued the discussion here, you might have inspired some push-back that it was unlikely that the OP could establish that a 4 AM start time was substantially less favorable than the start times of employees in other bakeries, or how difficult it would be to divorce her prior statements and actions from this new contract-based claim so as to avoid the impression that she quit over child care, but it's difficult to believe that she wouldn't have benefited from that discussion.

  10. #50
    Join Date
    Sep 2004
    Posts
    160

    Default Re: Quit to Due Change of Hours, and Denied Unemployment

    Unfortunately for our claimant,
    Quote Quoting UnemployedAgain
    Well CRAP! I got my answer in the mail today and it was DENIED - again....

    Conclusions: The claimant quit her job after her start time was changed to 4:00 a.m. The claimant maintains that she should have received more notice of the change. It has not been established that the working conditions were so severe that a prudent employee would have felt compelled to quit her job under the circumstances. The claimant did not quit her job with good cause connected with the employment. Therefore, the claimant is ineligible for unemployment insurance benefits and the employer's account is not chargeable on the claim.

    She's appealing again, and at city-data is IMHO being urged to tilt at windmills. If I remember, and she follows up there, I'll try to update this thread with the outcome.

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