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  1. #51
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Best Way to State Reason for Separation from Employer

    It's the doctors fault is from:


    i asked for a release, twice and none were given

    i asked the assistant and was told I THINK it's because the doctor doesn't think it's needed.

    ___________________________
    Well, obviously it was needed. You stopped at that point. It isn't the doctors fault. It isn't your employers fault. That leaves one more door to open. Care to guess who is behind it?

    So even at that point your employer did not terminate you but simply refused to allow part time work due to the lack of an updated release.

    Now when you have a full release you do not inform your employer and say "I'm all ready to get back to work".

    So, either the employer took your "I'm moving across the country" as "I won't be back (I quit)" or you have quit by not returning to work since you have been cleared to work and have not contacted the employer to obtain your schedule.

    Then you get into whether you had an excusable reason for quitting. I don't see it but I don't make the call. All you can do is apply and go from there.

  2. #52
    Join Date
    Dec 2015
    Posts
    20

    Default Re: Best Way to State Reason for Separation from Employer

    Quote Quoting comment/ator
    View Post
    Quit is not an automatic disqualifying answer. THERE IS NO SUCH THING!!! File the claim. Say fired. Say quit. No difference. It's going to be what it is. They can tell the difference between a termination and a quit, even if you say it's one when it is the other.
    Be sure you mention your medical issues. They are going to ask for clarification EITHER WAY. You do not actually get to pick whether they determine it is a termination or a quit, in the long run.
    Finally, an answer that I wanted to hear!

    Thanks much comment/ator and everyone else that has participated in this thread. I am thoroughly impressed and gratified by the amount of attention my issues have received.

  3. #53
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Best Way to State Reason for Separation from Employer

    Quote Quoting comment/ator
    View Post
    Quit is not an automatic disqualifying answer. THERE IS NO SUCH THING!!! File the claim. Say fired. Say quit. No difference.
    The difference is in how that claim relates to the rest of his story. If he is going to claim that he was fired, then he didn't quit to relocate as a trailing spouse. If he is going to claim that he quit to follow his spouse to another state, then he wasn't fired. If he is going to claim that he was fired, he's likely going have to deal with his employer responding, "No, he wasn't -- his job is still available, but he wouldn't provide medical clearance so that we could put him back on the schedule, so we continued his disability leave", or perhaps, "He never returned to work after his disability leave, wouldn't provide a medical clearance, and announced that he was moving across the country, so we never put him back on the schedule -- but we would and will, the moment he tells us he's available to work and provides the medical clearance."

    He needs to figure out what story he wants to tell, and tell it. I would suggest the truth, but he seems to be concerned that a truthful application will result in his being deemed ineligible for UI.

  4. #54
    Join Date
    Dec 2015
    Posts
    20

    Default Re: Best Way to State Reason for Separation from Employer

    Quote Quoting Mr. Knowitall
    View Post
    The difference is in how that claim relates to the rest of his story. If he is going to claim that he was fired, then he didn't quit to relocate as a trailing spouse. If he is going to claim that he quit to follow his spouse to another state, then he wasn't fired. If he is going to claim that he was fired, he's likely going have to deal with his employer responding, "No, he wasn't -- his job is still available, but he wouldn't provide medical clearance so that we could put him back on the schedule, so we continued his disability leave", or perhaps, "He never returned to work after his disability leave, wouldn't provide a medical clearance, and announced that he was moving across the country, so we never put him back on the schedule -- but we would and will, the moment he tells us he's available to work and provides the medical clearance."

    He needs to figure out what story he wants to tell, and tell it. I would suggest the truth, but he seems to be concerned that a truthful application will result in his being deemed ineligible for UI.
    Based on comment/ator's answer, I was going to go with Quit since that is not an automatic disqualifier. As mentioned previously, I will be bringing the medical issues in from the beginning by saying "I stopped working due to an extended disability and then moved out of the area to accommodate my wife's business".

    I have never said anything that indicates that I do not intend to be truthful. My clear goal has been to identify my best case and present it. I was mistaken on what would be my best case, but that doesn't mean I'm going to run away from the facts when my employer inevitably brings-up the part-time issue. Please do not confuse a search for understanding with fraudulent intent.

  5. #55
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Best Way to State Reason for Separation from Employer

    Approximately a hundred times a week out of the thousands and thousands of claims filed, the unemployment system is faced with circumstances of this type. A truthful approach is all that he's got. They'll go into everything they can determine to be an issue regardless of what he tells them. If he does NOT mention the extended disability which resulted in his not being released to return to his employer, and files as if he is unemployed totally due to his relocation with his wife, and in some way, this is never communicated to the employer, so they can protest it or the employer does not respond or something, and due to the CA system's understanding of the circumstances he gets a claim approved....and he draws for 26 weeks.... see those charges, and they call and complain, pointing out that the person did not return to work with them because

    Then some six months or so in the future, when the employer tax office of CA unemployment system hits the separating employer with those new charges for this person's unemployment, that employer will come howling to life. When they he was never able to provide a medical release from his doctor, this OP is going to be back here, or on some other form going, "I've been contacted by a fraud investigator. They say I had a medical issue I didn't inform them about and now I may be prosecuted for fraud. What am I going to do??????" It's best to just tell the truth to the best of one's ability, and let the claims office work this out. As I said they deal with this sort of situation very frequently.

  6. #56
    Join Date
    Dec 2015
    Posts
    20

    Default Re: Best Way to State Reason for Separation from Employer

    Quote Quoting comment/ator;929124I
    f he does NOT mention the extended disability ...
    Once again, this is my statement: ""I stopped working due to an extended disability and then moved out of the area to accommodate my wife's business".

    I'm just dotting my i's and crossing my t's here. Do you think the statement is inadequate in terms of disclosing the disability?

  7. #57
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Best Way to State Reason for Separation from Employer

    Yes, that will work fine. As soon as they hear those words, that phrase, they will grab for a medical form, and you are fine.

  8. #58
    Join Date
    Dec 2015
    Posts
    20

    Default Re: Best Way to State Reason for Separation from Employer

    Quote Quoting comment/ator
    View Post
    Yes, that will work fine. As soon as they hear those words, that phrase, they will grab for a medical form, and you are fine.
    Thanks!

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