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Can I be denied a UI claim for taking GRE courses? California

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  • Can I be denied a UI claim for taking GRE courses? California

    I have been working non-stop for over 15 years in California. Recently the company I was working for had lay offs and I was of course one of those few.

    My initial claim from the California EDD was approved and I received one check so far. However also during this time, I enrolled in GRE courses for a graduate program, so in my claim form I checked the box stating I was taking courses (training). Whether this should not have been done or not I am unsure as it asked the question "Are you enrolled in any classes?"

    Today I received a letter stating that I may not be eligible because I am taking courses that may not be approved by the state.

    1. I am Veteran I have served my country for six years.
    2. I have been working for over 15 years paying taxes.
    3. My initial claim went through without any problems.
    4. I am taking courses at night to better myself how is this a problem in the states view and why are they punishing me for taking a proactive approach to this downturn in the economy?
    5. Is there any recourse I can take, I believe and feel this is wrong?

    I will drop the courses if they make me not eligible, but I feel that this is counter-intuitive. Why is does the state insist that any training not approved by them makes you not eligible?

  • #2
    Only the state can decide if you will receive benefits or not.

    They are mainly concerned that taking classes/courses will interfer with your looking for work or being able to accept available work.

    They make exceptions for approved training & other special programs.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      California UI Code Section 1253.9

      Understanding that the state does make the decision, here are some facts:

      1. The courses are at night 7PM-9PM and do not interfere with me being able to find employment. Everyday I am interviewing, networking and applying for full time work.

      2. The courses will be over within two weeks of today 4/14/2009.

      I found this information in the California UI law reference:

      "1253.9. An unemployed individual may not be disqualified for
      unemployment compensation benefits solely on the basis that he or she
      is a student. An unemployed individual may be considered to be able
      and available for work pursuant to subdivision (c) of Section 1253,
      if the school attendance does not eliminate a substantial portion of
      the individual's full-time labor market availability. If an
      unemployed individual restricts his or her availability to part-time
      work due to school attendance, he or she may be considered to be able
      to work and available for work if he or she meets the criteria set
      forth in Section 1253.8.
      "

      Therefore based on the facts that 1 and 2 are true, and that "An unemployed individual may be considered to be able and available for work pursuant to subdivision (c) of Section 1253, if the school attendance does not eliminate a substantial portion of the individual's full-time labor market availability. " based on these facts I can see no reason for EDD to stop my claim. This by far is some mistake on California's part am I correct in this assumption?

      Comment


      • #4
        You should have recieved the procedure for appelaing the decision. Please do so at once (there is a time limit) and present that information, school schedule and all other relevant information to the ALJ.
        Good luck!

        Comment


        • #5
          You noted in your first post you "may" not get UI benefits. I agree that if you are denied, appeal the decision. It is still up to the ALJ during the appeal if you receive benefits or not. There is no way we can tell you that you will or will not receive them.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment

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