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  1. #1
    Join Date
    Sep 2015
    Location
    Iowa
    Posts
    1

    Default Denied Unemployment After Agreeing to be Laid Off After Medical Leave

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

    I had been on short term disability for the past 6 month for extreme anxiety in the work place. When my disability was about to run out the company called me and offered me 3 options. Option 1-return to work at a lower pay rate Option 2-take long term disability with no pay or Option 3-take a layoff and they wouldn't contest it. I choose to option 3. I filed for UI benefits had to have a fact finding interview and I was denied UI benefits because they say I voluntarily quit. If I have the papers stating it was a layoff and the company isn't contesting it why am I not receiving it?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Denied Unemployment After Agreeing to be Laid Off After Medical Leave

    Because it doesn't matter what you and the employer decide to call it. The UI makes up their own mind, based on the laws of your state, whether your employment ended for a reason that qualifies you for benefits or not. There is no guarantee that if your employer doesn't contest you will automatically get benefits. There is no guarantee that because you and your employer decide between you that you will call it a layoff means the UI office will agree that's what it is.

    If you are not able to work, actively looking for work and available to accept work if offered, then you don't qualify anyway. Are you?

  3. #3
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Denied Unemployment After Agreeing to be Laid Off After Medical Leave

    Quote Quoting cbg
    View Post
    Are you?
    While you're figuring all that out, submit an appeal request just the same. The window to appeal is short, and if you miss it, the likelihood of getting benefits becomes about zero.

  4. #4
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Denied Unemployment After Agreeing to be Laid Off After Medical Leave

    You probably gave disqualifying information to the unemployment office. Yes, you can appeal, but whether or not you and your employer agreed you'd sign up for unemployment does not mean you get to draw it. The unemployment system may completely decide you are ineligible even if you and your employer both agree you should get it.

    You must be out of work through no fault of your own. If both you and your employer decided you needed to be away from the job and you left due to this agreement, then that's a quit, no matter what they told you they'd tell the unemployment office. Would you return to the job if they called you back tomorrow? If you are telling the unemployment office that you cannot work or that you can work only in certain circumstances, that in itself would be disqualifying. If you have not been fully released by your doctor to work at any and all appropriate jobs, you don't qualify, no matter what. Unemployment insurance is not a form of disability insurance. It is not for you if you are not seeking work and are not willing to participate in all the job seeking activities they would have in mind for you, even if you are approved.

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