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  1. #21
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a Nurse Collect Unemployment After Quitting Due to Mandatory Overtime

    Quote Quoting Joeyzoom
    View Post
    Question: Do these threads exist simply to downplay the hopes of every claimant on here? Most of the replies I see from people are condescending and rude, and not helpful.
    I'm not seeing where people are doing anything but trying to help you. Beyond that, I asked some questions that could help clarify your rights, you chose not to answer them, so I stopped participating in the thread.
    Quote Quoting Joeyzoom
    View Post
    When I relocated to CA, I did so for WORK. After a month, I was taken off of my nursing case because the mother of the client felt it was not a good fit....

    This may or may not affect the claim, or how you (or anyone else) perceives it. Perhaps I should have mentioned this.
    As you can see, yes, it could potentially make a significant difference. See chyvan's comments, above.

  2. #22

    Default Re: Can a Nurse Collect Unemployment After Quitting Due to Mandatory Overtime

    Mr Knowitall: I apologize, I did not see your comments prior. I will go back and look at the thread.

    Chyvan makes a good point but again, I did not earn enough yet in CA to qualify for CA UI which is why the Rep had me file in NY, as my wages there were well enough to qualify. I separated from them end of May, worked with the CA employer from June 20-late July (1 month) full time. So, I am hoping this is noticed by the UI Examiner. I did not just move to CA to hang out, as one poster implied. I came for work, predominately.

    Again, any advice on dealing with the Examiner would be appreciated. All documents have been faxed over, now I wait for contact. I have only been held this week's benefits thus far.

  3. #23

    Exclamation Update: Unemployment Pending Employer Protest in New York

    My question involves unemployment benefits for the state of: NY

    ** UPDATE **


    I apologize in advance if this is long to read - but here goes. I lived in NY up until June of this year, and was working full time as a Nurse with a local nursing company on a full time case for 1 1/2 years. The company was very poor in their staffing, and often left nurses mandated (made to stay for double shifts or more when another nurse did not show up) -- there were several documented cases where I was scheduled to work 3-11pm, and was made to stay until 7am the next day (16 hours) because the company refused to staff an on-call nurse for emergencies. On April 21, after several of these issues and me addressing them to management to no avail, I was mandated to work a 20.5 hour shift, because two nurses did not show up for their shift. I was exhausted, became very disoriented and dizzy, and feared for my patient's safety as well as my own. I was finally relieved at 10am the next day (started said shift at 3pm on April 20). I immediately emailed the HR Manager and Administrator explaining the dire situation and requesting that something be done about these mandates, as it had become an issue of patient safety at this point. The email was documented, saved, and ignored by the HR Manager and Administrator. I received no written response, nor did I receive an apology for the mandates. Being a nurse, this was not acceptable, as I have a license to protect -- and the company did not seem to care much about this. So, I gave proper three week notice, citing this issue and relocated to California (where family is from) shortly after to get work.

    Now, they have protested my claim and my benefits are on HOLD until it is decided whether I am eligible- they are listing me as a voluntary quit, which it was not (with Good Cause). I wanted to remain there for longer, as I had bonded very much with my patient. My question is - what kind of case should I present? How likely is it that they will win this, given that the reason I left was patient safety AND nurse safety, as well as the fear of losing my license in the event I made a medication error ? From what I am told, this is not yet an Employer Appeal, but rather just a protest of my approval (which is odd, considering I have already received a paid week - shouldn't they have to appeal this?) Please advise -- I have no idea how NYS does this. I have all paperwork (emails) saved and am preparing a written statement. Thank you in advance for your help !

    As of today 8/20/2014, the Examiner has received ALL of my documentation proving good cause quit -- my detailed personal statement, citing the dates of all mandates (3 weekends in a row), the 20.25 hour mandate, a copy of the Restrictions of Mandatory Overtime for Nurses Law (directly from NYS site, 6 pages -- OFFICIAL copy), and an email I sent the employer to remedy the situation that was ignored. In the law, it specifically states that the ONLY way a nurse in NYS can be forced to work mandatory OT is in a case of national disaster, or patient emergency. It goes on to state that a patient emergency can NOT be established in cases of levels of typical absenteeism (as in my case of the same nurse calling off 3 weekends in a row), or where a Nurse Coverage Plan is not implemented -- my employer did not even have one of these.

    SO - Chyvan, cbg, Disagreeable and others -- 1) How long is it usually until an Examiner renders a decision? 2) Will UI benefits be back-paid if decided in my favor ? 3) In NYS, is it possible to not charge the employers Reserve account and socialize payments, such as in CA ?

    I have all my T's crossed and I's dotted -- now, I wait. Any last minute advice or information would be appreciated here. CONSTRUCTIVE, please :-)

  4. #24
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,219

    Default Re: Update: Unemployment Pending Employer Protest in New York

    I have no direct experience with NY and my CA experience is over a decade old, so I can't tell you what to expect in either state. I can tell you that in my state, a perfectly clean claim in which there is no possible question of the employee's eligibility and which is not being contested by the employer can still take up to four weeks before an initial decision is made. You can extrapolate from there.

  5. #25

    Default Re: Update: Unemployment Pending Employer Protest in New York

    Ok -- going on 4th week here, so we shall see! Thank you. I am trying to find out if NYS does the "not charging of the employer's Reserve account" too

  6. #26
    Join Date
    Mar 2012
    Posts
    1,339

    Default Re: Update: Unemployment Pending Employer Protest in New York

    Just so you know, your case is going to charge the employer's account. To not charge the employer's account requires the employer to be absolutely blameless. Some examples would be following a spouse because of military orders, a claimant quitting their job to escape from domestic violence, or say a 2nd shift worker that needs to quit and look for a daytime job because they can only obtain a caregiver for a relative that needs round the clock care on the dayshift. In your case, your employer was to blame for you quitting because they didn't do what you think they should be doing.

    No matter how long it takes, your benefits will be paid from the date you filed, and for the claims you submitted.

  7. #27

    Exclamation Re: Update: Unemployment Pending Employer Protest in New York

    Finally heard from Examiner this morning -- she was very friendly, matter of fact, and we spoke 20 minutes. She Seemed to agree with my findings, asked for extra detail which I provided, and stated that she was still waiting on the employer to call her back (she even stated "If they call me back at all which if they don't I will just make my decision based on what you sent me here") .. she did not at all seem "annoyed" that I sent her detailed documents, including a copy of the Nursing Restriction Overtime law, as others implied.

    She said she expects to make a decision by tomorrow or Monday, and pay me for back weeks if that's how it plays out. Really, the employer has no documentation to provide -- I gave verbal in office resignation to the Admin, as they had ignored all of my previous written ploys for resolution -- which I explained to the Examiner. They claim I quit just to relocate, which, while I did secure employment here in CA, I left them because of the ill-managed staffing, arduous mandate hours, and concerns for my nursing license. So unless they forge something, there is nothing from me saying I was leaving to go frolic in another state -- I had real, viable cause to leave my job. So cbg, Chyvan -- now I wait!

  8. #28
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Update: Unemployment Pending Employer Protest in New York

    Not being aware of a state law on nurse overtime before, I am going to say this will be a winner for you. Fingers crossed.

  9. #29

    Default Re: Update: Unemployment Pending Employer Protest in New York

    Disagreeable,

    Thank you -- I was fortunate to find that law and statute shortly afterwards. And I am glad I submitted the entire 6 page statute, rather than trying to cite or explain the "law" to the Examiner -- she has it in black and white, from a subsidiary of the Department of Labor of NYS.

    I will post update tomorrow and/or Monday once I hear back. Thank you for the well wishes! :-)

    - - - Updated - - -

    Weigh in chyvan!

  10. #30
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,219

    Default Re: Update: Unemployment Pending Employer Protest in New York

    Good luck to you! Sounds as if you made a good impression. I'm sorry if it seemed I was trying to give you a hard time - my intent was simply to warn you about the potential problems down the road. If you had a reasonable examiner who was willing to listen, that's a good thing!

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