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  1. #1
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    Default Can You Collect Unemployment Insurance After a Disability Due to Loss of Part Time

    My question involves labor and employment law for the state of: CA

    I am currently on disability insurance due to breast cancer. My recovery to full working strength has been much slower than expected. Accordingly, my doctor extended my eligibility for disability insurance.

    The doctor previously has approved part-time work. The last letter simply stated that my eligibility for disability was extended. My employer is a bit of a dick that likes to dot his i's and cross his t's unnecessarily in ways that are an unfair burden to others. He asked me to get the doctor to reaffirm that part-time is okay. My doctor has not responded and I sense that she's annoyed by my employer.

    The bottom line is that he now refuses to let me work part-time. Without that, I need to move to a less expensive area that is too far to work for my employer. Will I be eligible for unemployment in a few months, when I can return to work?

  2. #2
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    Default Re: Can You Collect Unemployment Insurance After a Disability Due to Loss of Part Tim

    If you qualify monetarily, yes. If you do not qualify monetarily, no.

    Did you set up your claim last month the way we told you to when you last asked about this?

  3. #3
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    Default Re: Can You Collect Unemployment Insurance After a Disability Due to Loss of Part Tim

    Quote Quoting cbg
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    Did you set up your claim last month the way we told you to when you last asked about this?
    Some of us told her to set up a claim. I was not one of them. She is still employed and on a leave of absence and it sounds like her employer is bending over backwards to preserve that relationship. If she files for UI before there is a nondisqualifying separation, she will ruin her chances at having UI as a backup.

    Hopefully, she read enough on the UI website to realize that racing out to file that claim is iffy enough that she didn't want to take that chance.

    Quote Quoting amyorg
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    The bottom line is that he now refuses to let me work part-time. Without that, I need to move to a less expensive area that is too far to work for my employer. Will I be eligible for unemployment in a few months, when I can return to work?
    You need to expand on this. If the employer won't allow you to work at all, that is no different than a discharge, and you can file your claim because the separation has now happened. Also, if you move away during this time, you have the makings up a good cause quit, and you can file when you get to the new location.

  4. #4
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    Default Re: Can You Collect Unemployment Insurance After a Disability Due to Loss of Part Tim

    Yes, well, you are not the most knowledgeable person about the inner workings of unemployment on this board, are you?

    That would be the poster who worked within the UI system for 30 years, knows it inside and out, has helped many a poster to a successful claim, and who DID tell her to file a claim back in June.

  5. #5
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    Default Re: Can You Collect Unemployment Insurance After a Disability Due to Loss of Part Tim

    Quote Quoting cbg
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    That would be the poster who worked within the UI system for 30 years, knows it inside and out, has helped many a poster to a successful claim, and who DID tell her to file a claim back in June.
    She make mistakes.

  6. #6
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    Default Re: Can You Collect Unemployment Insurance After a Disability Due to Loss of Part Tim

    And of course, you never do.

    The last time I remember her making a mistake was in 2009, I believe.

    Sorry, not buying what you're selling. You can set yourself up as the world's expert on all things unemployment but you can't make the rest of us believe it or stop us from warning posters that there are others here with more hands-on experience than you do.

  7. #7
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    Default Re: Can You Collect Unemployment Insurance After a Disability Due to Loss of Part Tim

    Quote Quoting cbg
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    The last time I remember her making a mistake was in 2009, I believe.
    The only reason her and I crossed path is because she was telling Isabella on the other site that she needed to wait until January to file, and she should have been telling her to apply again right now, and that was Oct, 2014. Hopefully, Isabella didn't wait two months unnecessarily.

  8. #8
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    Default Re: Can You Collect Unemployment Insurance After a Disability Due to Loss of Part Tim

    Not agreeing with you is not necessarily a mistake.

  9. #9
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    Default Re: Can You Collect Unemployment Insurance After a Disability Due to Loss of Part Tim

    Quote Quoting cbg
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    Not agreeing with you is not necessarily a mistake.
    Too bad the thread's gone.

  10. #10
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    Default Re: Can You Collect Unemployment Insurance After a Disability Due to Loss of Part Tim

    Quote Quoting chyvan
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    Too bad the thread's gone.
    And I was glad to provide you with a peak experience like that because I forgot about the alternative base period that time!

    But the thing is, over all, there's a way of looking at the whole elephant which someone who has no experience from the inside just doesn't have. Sure, anyone can read the law and figure out some general things about it. It's not a bad thing to have some information about what is going on and what you are doing before you begin.

    But as I have so often said, we are not in the business of trying to make it sound more complicated than it is, or to provide anyone with information which will discourage them from dealing with the actual unemployment agency they need to work with. Every claim will be slightly different and will have slightly different issues and factors that must be considered. We cannot see the claims and we don't work inside this particular system. So we can't really give definitive answers.

    And as I also have repeatedly said, though some on the board have expressed it this way,it is not a deal of where you are in danger of having your "rights" taken away from you when you are filing for unemployment by unscrupulous government employees who are living to cut you off and make sure you don't get to draw benefits. Private insurance companies maybe have a payoff for keeping people from being approved or paid by the insurance company, but unemployment insurance is set up so that the person can get it if qualified, and it makes NO difference to the employees of the agency whether you get it or not.

    Most of them enjoy the intricacies of the system, and during the workday, if you go away, if they get rid of you, there is another person right behind you and they have to stay there and wait on that next person, so there's no point in their trying to get rid of you or brushing you aside. Of course, no one likes to deal with a jerk. Most agency employees are quite helpful to nice people who don't come in with crummy attitudes and don't argue with them and who don't try to bully them and who don't overthink the whole process to the point of hurting their own situation. I have approved claims for people I would willingly have denied (and spit on!) but I had to approve them, because they did have the law on their side. Likewise, I have denied people that made me simply brokenhearted, but I had to uphold the law. I have been threatened by employers, claimants, and their wives, husbands, grandma's, co workers, several state legislators, and well, you get the picture. It's supposed to be unbiased for either party.

    In this particular situation, where I keep telling this person to file for benefits now, even though they are not released by their doctor and cannot begin to receive them, there is this misperception going on that filing a claim for unemployment will cause the unemployment system to determine that you have voluntarily quit your job and your claim may be treated as a quit.

    Quitting or being terminated from a job is an action/relationship between the employee and the employer. That you filed a claim for unemployment benefits at random, at any time, has NOTHING to do with the relationship between the employer and the employee. It is a legal fact drummed into the agency employees heads that you can come in and set up a claim for unemployment at any time you desire to do so, working or not. We are never to refuse to take a claim on anyone who requests to file one. Even if you have not worked in fifteen years and you do not have any money to set up a claim, we are never to refuse to let you try. You do not have to say you have quit your job or that you have been fired. In making a decision whether or not you have voluntarily quit the job, the employer could never say, and the agency would never say, "Okay, this claimant came in last February and filed a claim to set up the quarters. This shows they have voluntarily quit the job!"

    When you file such a claim, you do not have to give a reason for leaving the job. You just file the claim. No decision is made. It sits there till you reopen it, or until the benefit year passes. It uses the quarters in the base period when you filed it. I have seen and advised many people to file such a claim at the beginning of a long sick spell. I have seen many people who did not do this, and who waited six months or longer until they were fully released by their doctor and were not allowed to return to work because the employer had filled their position or did not hold it for them. They had if any claim, a very small, short duration claim because they had just run out of quarters with wages in them before filing.

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