We have been told that because they offered an extension for 4 months on a voluntary basis then we could be denied unemployment at the end of the first agreement because we did not take the offer of continued employment.
According to the Kentucky Office of Employemtn and Training: Q Can a person draw UI if they quit? A Assuming the claimant has sufficient wage credits to establish a claim, he or she may be qualified to receive benefits if they voluntarily left their employment with good cause attributable to the employment and there are no other eligibility issues present.
Q Can a person draw UI if they are fired? A Assuming the claimant has sufficient wage credits to establish a claim, he or she may be qualified to receive benefits if they were discharged for reasons other than misconduct connected with the work and there are no other eligibility issues present.
However, a bit later it also says this: Q How can this person file for UI when there are help wanted signs everywhere? A An otherwise eligible claimant is entitled to receive benefits, unless he or she is unable to perform suitable work; is unavailable for suitable work or has refused suitable work. In part, suitable work is determined by examining the degree of risk involved to the worker’s health, safety and morals; the worker’s experience and prior earnings; the length of the unemployment and prospects of securing local work in the customary occupation and the distance of the work from the worker’s residence. Simply because there are plenty of available jobs, does not mean that they are suitable for each claimant. this appears to say that if you refused suitable work (in this case, 4 more months, etc), you MAY not be eligible. But then again, you might. Obviously they are still offering the original severence package, right? So they are treating you as though you are laid off, which you are. They didn't inform you until after you made your decision that it might impact your future potential unemployment claim. My guess is that you could go ahead and file for it, and if you are denied, appeal based on your unimformed status, stating the specific reasons why you felt uninclined to accept their offer of four more months. What *I* would do is call the unemployment office.. RIGHT NOW... and ask them specifically. The reasons you stated for not wishing to continue employment with them are valid enough, imo, to overcome any denial of benefits.
That does make sense, for exactly the reasons they stated... but as she said below... you are being laid off.
I'd do exactly what she suggested, call them NOW and see what they suggest. They very well may say they can't say until you claim, press them on it. If you have a schedule that will allow you to do it, I would go down in person.
We have been told that because they offered an extension for 4 months on a voluntary basis then we could be denied unemployment at the end of the first agreement because we did not take the offer of continued employment.
The only thing I know about unemployment is when I got "laid off" by eCampus. I was eligible for unemployment for up to 5 months, I believe it was... The pay was about 2/3 of my normal paycheck. You have to search for X amount of jobs per week and report it on their website or by calling in. Every few weeks you have to go in to the office and take your reports/jobs applied to for an update. That's about it.
It took me 3 months to find employment after being laid off. There just wasn't a good job market in Lexington for me, a marketing girl.
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no subject
Date: 2005-11-10 05:07 pm (UTC)no subject
Date: 2005-11-10 05:20 pm (UTC)no subject
Date: 2005-11-10 05:39 pm (UTC)Q Can a person draw UI if they quit?
A Assuming the claimant has sufficient wage credits to establish a claim, he or she may be qualified to receive benefits if they voluntarily left their employment with good cause attributable to the employment and there are no other eligibility issues present.
Q Can a person draw UI if they are fired?
A Assuming the claimant has sufficient wage credits to establish a claim, he or she may be qualified to receive benefits if they were discharged for reasons other than misconduct connected with the work and there are no other eligibility issues present.
http://www.oet.ky.gov/des/faq/faq.asp#ui_faq
However, a bit later it also says this:
Q How can this person file for UI when there are help wanted signs
everywhere?
A An otherwise eligible claimant is entitled to receive benefits, unless he or she is unable to perform suitable work; is unavailable for suitable work or has refused suitable work. In part, suitable work is determined by examining the degree of risk involved to the worker’s health, safety and
morals; the worker’s experience and prior earnings; the length of the
unemployment and prospects of securing local work in the customary
occupation and the distance of the work from the worker’s residence.
Simply because there are plenty of available jobs, does not mean that
they are suitable for each claimant.
this appears to say that if you refused suitable work (in this case, 4 more months, etc), you MAY not be eligible. But then again, you might. Obviously they are still offering the original severence package, right? So they are treating you as though you are laid off, which you are. They didn't inform you until after you made your decision that it might impact your future potential unemployment claim. My guess is that you could go ahead and file for it, and if you are denied, appeal based on your unimformed status, stating the specific reasons why you felt uninclined to accept their offer of four more months.
What *I* would do is call the unemployment office.. RIGHT NOW... and ask them specifically. The reasons you stated for not wishing to continue employment with them are valid enough, imo, to overcome any denial of benefits.
no subject
Date: 2005-11-10 05:43 pm (UTC)I'd do exactly what she suggested, call them NOW and see what they suggest. They very well may say they can't say until you claim, press them on it. If you have a schedule that will allow you to do it, I would go down in person.
no subject
Date: 2005-11-10 05:10 pm (UTC)Of course this is in Kentucky
Date: 2005-11-10 05:38 pm (UTC)no subject
Date: 2005-11-10 05:11 pm (UTC)The only thing I know about unemployment is when I got "laid off" by eCampus. I was eligible for unemployment for up to 5 months, I believe it was... The pay was about 2/3 of my normal paycheck. You have to search for X amount of jobs per week and report it on their website or by calling in. Every few weeks you have to go in to the office and take your reports/jobs applied to for an update. That's about it.
It took me 3 months to find employment after being laid off. There just wasn't a good job market in Lexington for me, a marketing girl.