Why are you denied unemployment if you're going to college?

[bamademo]

I was briefly unemployed this past fall. I was enrolled in college at the time taking ONE online course that I started and paid for myself before I was laid off. My claim was denied because I was in school. What the Frak! What do they expect you to do? You become unemployed by no fault of your own, you're trying to better yourself and you're punished for it? I'm in Alabama. Please, refrain from the Southern, Alabama bashing. A bunch of us hate Shelby, Sessions as much as the rest of you guys.

[Taverner]

1. When I was a student, I never stated that on an application

Trust me - don't

Most employers think college students are lazy, spoiled and undeserving

[slackmaster]

2. Your mistake was telling the truth to the unemployment office

Don't do that again.

[DollyM]

5. But if they find out, they will nail you with additional penalities . . .

Some yahoo at the Wisconsin UI didn't put down my husbands last job on the form and because of that they are now saying that he witheld information and has to pay back $3000.00 in unemployment as well as being penalized from being able to draw anymore unemployment for a couple of years. How ridiculous is that! The next thing the Federal government needs to do is look at how people are being treated and mistreated by the UI system. States that are running out of money are denying people for anything they can and trying to shake people down and make them pay back money. It's just terrible!

[slackmaster]

18. OK, the people at the UI office are incompetent and mean

They're pretty much like that in California too.

Many years ago I made the mistake of admitting to them that I had turned down a job, a very menial job far from my home that was not in my desired career path, and at much lower pay than I had been making at the one I'd recently been laid off of.

The California EDD cut off my benefits. I appealed, got treated to a kangaroo court with a chickenshit administrative law judge who kept interrupting the proceedings to answer the phone. I went through two additional levels of appeal, and was denied all three times.

However, when I filed my appeal my benefits started flowing again. The left hand didn't know what the right hand was doing, so I ended up collecting about 10 weeks worth of benefits that were supposed to be my "penalty" for turning down a lame job.

I never told them, they never figured it out. But if I had it to do over, I would not have disclosed the job offer to them. There is no way they could have found out about it.

[sandnsea]

3. Unemployment is for people available for work

You're not available for work if you're going to school. That's not the purpose of unemployment benefits. They expect you to be looking for a job. If you're going to go back to school, they expect you to do that, but not at the expense of the businesses who pay for unemployment insurance.

[prolesunited]

6. Taking one online course

hardly makes him unavailable for work or unable to find a job.

I would appeal.

[sandnsea]

8. Probably

But you would have to make the argument that you didn't have to sign in at any given time and that you intended to continue the course when you got a job.

[Mz Pip]

4. You should appeal.

Lots of people who woprk full time take online classes. To be eligible to claim unemployment you need to be available for work. Taking an online course does not make you unavailable for full time employment.

[floridablue]

7. Get the place you worked to call them and make the case.

They expect you available 24/7 is why you were reject4ed.

[proud2BlibKansan]

9. Because you can't really work full time and go to college full time

Makes sense to me. :shrug:

[OwnedByFerrets]

10. I did it for 5 yrs and I was in my 30s. Im sure thousands of others

have/do also. And, I was deans list every quarter. It can be done.

[proud2BlibKansan]

11. Tell that to the unemployment people

I understand why they want you available to look for work. It makes sense to me. And the bottom line is just like a job, if they are paying you, they get to tell you what to do.

[OwnedByFerrets]

13. I said NOTHING do disagree with your argument that

they wont pay you. I answered that many work and go to school full time.

[proud2BlibKansan]

14. And so did I

but if my boss told me I had to work when I had class, I had to go to work.

The guy who writes the check gets to tell you what to do. That's the bottom line.

[SeattleGirl]

12. In Washington state, it IS possible to stay on unemployment while

going to school. However, you have to apply for that benefit, and it has to be approved by the head of UW. My understanding is that they don't pay for tuition, books, etc., but they continue your benefits while you're in school.

MrSG was laid off in December, and he is going to ask for more details on Friday when he goes in for his mandatory seminar at the WorkFirst office (WorkFirst affiliated with unemployment office).

[jody]

15. There is a difference between "full time student" and taking one online course. Please check that.

:hi:

[MiniMe]

16. It could be that they assume that you are a full time student

Were you working full time? I would definitely call them up and talk to them about it. A lot of students take part time jobs on campus that would be considered temporary. You need to consider yourself a full time worker who is taking a class. That is not a student.

[valerief]

17. Rule One: If they can disqualify you, they will disqualify you.

That applies to anyone with the power to withhold money from you, usually insurance companies.

[OhioChick]

19. This is true???

Why can't someone in college that gets laid off collect unemployment?
One needs that money "for" college.

[happyslug]

21. Some of these rules demand on the State you are in.

Furthermore the issue tends to be are you "Ready, Willing and Able to Work". Merely having other obligations does NOT show you are NOT "Ready, Willing and Able to Work". Other obligations can be having to take care of children, or other relatives, provided it still leaves you time to sleep and do full time employment (i.e. your husband works 6AM to 3PM, and you have to stay home to watch the children till he gets home, but you can still work 4PM till Midnight. Thus you are "Ready, Willing and Able to Work", just NOT doing the daytime.

Another example is if you are a member of the National Guard. You can NOT work on your drill days, and the money you received for the drills (including the two week annual training) can affect how much unemployment you can get (The Two Weeks Annual training will affect your unemployment for those two weeks i.e. you are NOT unemployed for those two weeks, but once the two weeks are over you go back on unemployment).

Now if your collage so ties you up that you can NOT take a job that is offered to you, then you are NOT "Ready, Willing and Able to Work", but if you can then you are "Ready, Willing and Able to Work". Now most full time collage students will be found NOT "Ready, Willing and Able to Work" if they lose their jobs, but if you can show the unemployment office that you had been doing and can do so in the future then you are "Ready, Willing and Able to Work" and eligible for unemployment.

Please note, unemployment varies greatly from state to state. For example my sister took a job in Michigan just before the annul two weeks shutdown of the auto plants. Under Michigan law she would have been ineligible for unemployment for you had to be off two weeks to be eligible (Michigan adopted this rule to keep the big three from having to pay unemployment during that two week shutdown). Now my sister had worked in Pennsylvania prior to taking the job in Michigan, and since she had worked in Michigan less then three months, and during that three months she had worked in Pennsylvania, she received two weeks of unemployment. Why? She came under Pennsylvania Unemployment law, even through she had taken a new job in Michigan, she was unemployed for no fault of her own (taking is new job and then being laid off is NOT her fault by Pennsylvania Law). Thus her co-workers did NOT get unemployment, but she did.

My point is this often varies from state to state, so read up what is the rules in your state. Check with your local legal aid provider see if they have any information in unemployment. Most legal aid providers do provide legal help to low income people (and most people are low income once they lose their jobs) but again this vary from state to state (and the least aid is provided in the American South, do the fact the American South Legal Aid programs get no State Funding, most legal aid in the rest of the Country get about 50% of their funding from the state, Vermont is the big exception 2/3 of the funding for legal aid in Vermont is state funded).

[happyslug]

20. Appeal this decisions, most such denial are reversed on Appeal

Remember you must be "Ready, Willing and able" to work, but taking a Collage course, by itself, does NOT make you unable, unready or unwilling to work. The Collage course may interfere with you job offers, but it is up to the Unemployment office to decide that IF SUCH AN JOB OFFER IS MADE, NOT today for it is speculative.

Remember this, if you were in the National Guard and drilled only on the weekends, your unemployment can be reduced by how much you make on your drill, but the fact that you drill once a month does NOT make you unemployable. In fact the law is quite clear, if you are in the National Guard, that can NOT be a factor in NOT being hired or employed. Thus it can NOT be a factor in your claim for unemployment (Except for the money you receive for the drills). The same rationale applies here. While there is NO law forbidding Collage courses from being considered, they is NO law forbidding membership in the National Guard either. The National Guard exception applies to EMPLOYMENT, and thus membership can NOT be used to say you are NOT unemployed if you are still ready willing and able to do work the rest of the month.

The same rationale applies here, the course does NOT prevent you from doing full time employment. If you are ready, willing and able to work IF IT IS OFFERED, you are eligible for unemployment. The fact you may have days you can NOT work does NOT show an inability to do Full Time Employment UNLESS the days on their face clearly show an inability to do full time employment. Once Course once a week DOES NOT SHOW THAT. I would recommend you file an appeal as soon as possible. Contact your state unemployment office and file the appeal. You only have a limited time to file such appeal so do it today (it is 12:10 AM where I am, so today is Friday 2-6-08).

Now I have re-read your thread, it said you were unemployed last fall, it may be to late to file the appeal. Most states limit the time period to file an appeal so to expedite unemployment applications. Thus the need to file an appeal ASAP. I tell my clients do not even wait to see me, file the appeal. There is no law against multiple appeals, but if you miss the deadline you generally are done.