PDA

View Full Version : NYS UI benefits denied


tblibra
08-14-2005, 10:03 AM
My background in in IT. After being unemployed for a few months in 2004 I accepted a position as a customer support person in Sept 2005 -- the only company to extend an offer. Not my cup of tea but needed the job. Previous pay $65k per year, new pay $27k

Fast forward a year, my spouse who hasn't had a full-time job since we've had kids, gets an opportunity to get a decent position (with chances to advance which I do not have) but it starts in June, and there'd be nobody to watch the kids. Relatives can't do it, daycare too expensive. Kids are 11 and 8. She starts the job, kids home alone. Things not working out. Kids unhappy, spouse unhappy that kids unhappy, I'm unhappy that spouse is unhappy. I ask employer if I can work from home. They say maybe but I would need to accept a pay cut to $10 per hour. Another couple weeks go by, I ask if I can work some of the day from home. They say they are willing to give it a try but that my performance and output should increase. If it does not, I will be required to come back to the office all day. I told them this was only for the rest of July and August (about 6 weeks) until school starts. My normal hours are 9-6, I start working at home at 8 AM, go into office at 11 AM and work until 6. The extra hour is to try and increase performance. Kids a little better but working at home is still working, so while they are no longer alone, I'm not really caring for them, just making sure they are not alone all day.

After 2-3 weeks, employer making comments that they regret allowing me to work under this arrangement. Can't say for sure but my guess is that my output did not increase (how could it?!?!?). I felt very uncomfortable, and to top it off, find out that when I leave at 11 AM and before spouse comes home at 4 or 5 PM, other kids in the neighborhood are causing trouble. So I quit, telling them I need to care for the kids, not just work at home because they are still neglected. Working from home is still working!

Letter from NYS DOL says "No UI benefits will be paid to you for the period begininning (quit date) until you have subsequently worked for an employer and earned at least 5 times your weekly benefit rate. Employment and earnings from non covered, excluded or self-employment will not count. Your weekly benefit rate is $405."

What does this mean???

"Determination: You quit your job without good cause."

Reason: You quit your job because you decided that you should stay home to provide childcare for your sons after your spouse found a job. The employer was willing to alter your work schedule to accommodate your childcare needs. You only contacted 2 outside childcare providers to try to resolve this situation. You did not take adequate steps to protect your job. Therefore your decision to quit is considered to be without good cause."

Thinking of appealing, is it worth the effort?

cbg
08-14-2005, 11:55 AM
It's up to you whether to appeal or not, but on the information you have provided, it's doubtful that you would prevail.

tblibra
08-14-2005, 12:00 PM
Care to elaborate?

cbg
08-14-2005, 01:42 PM
In the extremely large majority of cases, if you quit you don't get unemployment. Period. On those very rare occasions when someone who quits does get unemployment, it is almost always because the employee was either being subjected to illegal treatment by the employer (such as sexual harassment or illegal discrimination) or, state law permitting, because their spouse was transferred beyond commuting distance. It is almost unheard of for someone to get unemployment because they quit for child care issues. Particularly since (a) your employer was willing to work with you on it (b) it was going to be a short term issue and (c) you only called two places trying to resolve the issue. Under the laws of every state I've ever had experience with, you would be ineligible for unemployment under the facts described.

While only an adjudicator from your state can give you a definite answer, I would be astonished if you prevailed in an appeal.

New York Labor Law Posters
Comply with New York regulations with one Complete New York Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.