I filed for unemployment,and recently got my paper saying that I was denied. I need to file an appeal,but I am not all that confident in expressing why I feel that they were wrong in there decision. Can someone help?

EmeraldSkies said:

first off, why did they deny you and did you say you were fired or laid off? you didn't quit right? most states won't give you jack if you quit. you will want to use their reasoning for denial to your benefit.

DesireeNevermind said:

They said that I was not eligible to receive benefits because I am currently caring for my nephews during normal working hours,I explained to them that I was unable to get another job,because I cared for my nephews from 2:20pm to around 6:45pm and that I had to be available if they were sick,but now that school is out I will have them even more often.

I did not quit,I was no longer needed because the uncle that I cared for passed away.

I find it funny that they say that inorder to receive benefits the individual filing has to be able to work,and available for work,but I already am (part time care for my nephews)

They asked why I would not be able to get another part time job while I am not caring for my nephews,and I explained to them that I was also trying to do school classes,so there was no extra time for me to have another job currently.
[Edited 6/12/09 14:43pm]

You were denied because a condition of receiving unemployment compensation is that you must be seeking work.

Genesia said:

I had to join the CalJobs site,and submit a resume,which I did.

EmeraldSkies said:

No. You have to be actively seeking work. You. Yourself. Every week. And you must document your search, so that if they ask you to prove that you've been looking, you can.

If you told them you didn't have time to work, it was the same as saying, "No, I am not looking for work." Which means you do not meet the requirements for receiving unemployment compensation.

That is why you were denied. And why an appeal will be unsuccessful.

Genesia said:

Yep I have to agree with that. It's not fair I know. Did you by chance have a telephone interview or F2F? Maybe you could lie and say you are available during these hours (outside the time you care for your nephews) and the interviewer misunderstood you or did not adequately document your status. I dunno it is tough.

Genesia said:

So what should I do? File again,and tell them that I am available even though I'm not,and just fill out applications even though i have no real intention of accepting the job?

DesireeNevermind said:

yes I did,and half the time I could'nt really understand the person that was giving the interview,I had to keep saying "what" or "pardon"
[Edited 6/12/09 14:56pm]

EmeraldSkies said:

Looks like you screwed up, honey.

You do have to be available to work in order to receive unemployment benefits.

You could have lied if you hadn't already told them the truth. But you did, so that ship has sailed. You can't appeal a decision based on you not meeting one of the fundamental requirements.

Yes, you have to say that you are available to work, EVEN IF YOU ARE NOT! I told them yes when my job closed up even tho I didn't want to go back to work right away I wanted the money. But I still had to go to job-seach or they would cut the checks off. It's really not fair.
[Edited 6/12/09 15:05pm]

I know NOTHING about employment/HR law, but is there sort of FMLA exemption that could apply to irregular work hours, or is FMLA something he would've had to apply for before losing his job?

Could he apply again for unemployment but stress his willingness to work second or third shift?

ThreadBare said:

EmeraldSkies said:

I just KNEW that would happen. "EmeraldSkies is an awfully, ahem, genteel name..."

ThreadBare said:

EmeraldSkies said:

Best wishes on the job front.

ThreadBare said:

Thanks.

i used to always list a ton of places i went to, (but didn't really ) and they never checked, it's sad that you have to lie to get your unemployment...

EmeraldSkies said:

is there no carer's allowance you may be eligible for?

kimrachell said:

my sister used to put Stax of Slax one fortnight and House of Lights the next, and alternated for years, nobody ever caught on

ZombieKitten said:

I'm not sure what you mean by "carer's allowance". I get paid for watching my nephews,but it only like $300 a month.

kimrachell said:

Yes it is. They say honesty is the best policy,but it seems sometimes by being honest you get screwed.

EmeraldSkies said:

by their parent or the government? I have no idea how it is over there, but I think you get some kind of allowance if caring for children or the elderly makes you ineligible for work.

Dayclear said:

I don't see how that's not fair.

ZombieKitten said:

no..it's not like that here. No allowances for caring for children or older people. Sometimes the gov't will help low income parent's/single motheres pay for child care. But they wont pay a babysitter money cuz they can't can't babysit anymore cuz they're looking for a job. Not to be an ass, but I see it as the person who started this thread is making a concience dedicion to not work and care for another's children instead. As far as the gov't is concerned, that's his/her choice for employment. He/she is choosing to earn 300/mo watching children than look for a job that would pay better. I think tax dollars are being used/not being used appropriately here.

BobGeorge909 said:

Not true.

There are government programs in the US where caregivers are paid for taking care of elderly or disabled family members. You have to apply and qualify, and often take a training or two, but they're out there.

BobGeorge909 said:

Right?



Unemployment compensation is meant to help in between jobs when you become unemployed through no fault of your own and while you try to find another job. If you don't want, or aren't actively seeking another job, you don't qualify for unemployment compensation. Period.

Genesia said:

I am currently receiving unemployment, and can tell you first hand that what Geneva said is 100% accurate.

PunkMistress said:

Yup,cause this is how I had my previous job caring for my uncle whom was mentally disabled.

To answer ZombieKittens question, I get paid through NCO (North Coast Opportunities). I am not sure if they are government run or not.

Yes I am making a concience decision to not obtain another job right away,I am currently trying to do online classes for my next career choice,but I did'nt just start watching my nephews,I have been caring for them for at least 10yrs now,and that was because it worked. Their mother was able to get a job,and the job I had caring for my uncle allowed me to have them with me,so I was able to do both. If I was to get another job caring for another person like I did my uncle,I would not be able to take them with me,and that is why I need my unemployment benefits,so that I can have more money to live on while in the process of doing my schooling for my next job.
[Edited 6/14/09 12:11pm]