does anyone know much about unemployment?

[Dznypal]

My DD just lost her job. The owner of the restraunt where she was a manager closed.

She is also a full time student besides working 50 hrs a week.

This week she found out she was denied since she has class 2 am a week---

unemploment told her she has to be available to work first shift in order to collect!!!!

What kind of stupid rule is that!!! She had a job that she could work and go to school--there are tons of jobs that are 2nd or 3rd shift

She was told that is a state of WI law--she asked where that law is written since she is in police science and has assess to law books--they told her that the book has 116 pages of fine print whatever kind of answer that is!!!!

I am so tired of hearing about illeagle immigrants acting like they should be entitled to everything!!!--women having kids to get state money (and they get help with school!!!)

my now DD cant get any help!!!!


so back to orginal post does anyone know about unemploment?

thanks

 

[jennyl772003]

I was on it for a while a few years ago. I am not sure about the whole first shift thing, but I do know you have to be actively looking for work.

 

[goofyforlife]

Gosh I'm bored at work.....

Anyway.....I'd tell her to apeal the decision based on reading the following about your state's eligibilty rules : (If your dd has classes 2 am's then she's available 3 ams which is more than 50% available)

http://www.legis.state.wi.us/rsb/code/dwd/dwd128.pdf

and

V. UNABLE/UNAVAILABLE FOR WORK
Sections 108.04(2)(a), 108.04(1)(b)1, & DWD 128
An individual who is totally unemployed must be able to work and available for work while filing for unemployment benefits. If the claimant has a restriction that prevents or restricts his/her ability or availability for work, the issue may affect his/her eligibility for benefits. A person filing for benefits makes a weekly certification and one of the questions asked is: "Were you able to work full-time and available for full-time work?" The individual is expected to answer this question "no" if his/her availability is restricted in any way.
 A person with a controllable restriction (transportation, school attendance, child care, etc.) must be able and available for at least 50% of full-time suitable jobs in the labor market.
 A person with an uncontrollable restriction (a physical restriction, etc.) must be able and available for at least 15% of all suitable work in the labor market.
When a claimant has a work restriction and does not meet the above requirements, (s)he is not eligible to receive unemployment benefits until the able and available requirements are again met.
This disqualification is applicable:
 when a claimant's work is suspended or terminated because of work restrictions,
 when a claimant is on a leave of absence for an indefinite period of time (not under the Family Medical Leave Act), and
 when there is no employment relationship currently affected, but the claimant's availability for potential employment is reduced by the work restrictions.
Note: If you have an individual working for you who misses work during a given week, the issue is usually resolved under the "work available" statute. See item Y which explains the work available provision.
Students
A student is generally considered unavailable for work while attending school, however there can be exceptions. A student attending a night course who is still available for full-time day shift work would normally be able and available for work. The law also makes an exception for someone who is in "approved training" [Section 108.04(16)]. Approved training is training through a vocational school or a school offering vocational training that has been approved by the department. Attendance at a college or university is not normally considered approved training.

 

[Dznypal]

goofyforlife---

my DD would/can/has worked full time plus while a full time student

so I really dont know why shes denied

she can and has worked around classes or work schedule

this whole thing is so fustrating!!

we'll see what happens


she has been putting is applications to show to the unemploment office shes looking

 

[goodeats]

In California it's such a joke. My DH was on it for a while and never really had to show any proof that he applied to any jobs.

I was unemployed for one week between the time my old job closed and the time I started my new job and I was still able to collect. It felt like a bonus.

 

[TSR6]

I see your in Milwaukee.

If she goes to UWM, have her stop in the UWM Student Legal affairs office.

 

[Tiggeroo]

my ds who has worked full time since high school graduation and goes to school a total of 15 hours per week was denied as well. They strung him along for 12 weeks giving him various interviews and wouldn't tell him what they were looking for. Then they denied his claim, saying they always deny students. Ticked me off.

 

[barkley]

Gosh I'm bored at work.....

Anyway.....I'd tell her to apeal the decision based on reading the following about your state's eligibilty rules : (If your dd has classes 2 am's then she's available 3 ams which is more than 50% available)

http://www.legis.state.wi.us/rsb/code/dwd/dwd128.pdf

and

V. UNABLE/UNAVAILABLE FOR WORK
Sections 108.04(2)(a), 108.04(1)(b)1, & DWD 128
An individual who is totally unemployed must be able to work and available for work while filing for unemployment benefits. If the claimant has a restriction that prevents or restricts his/her ability or availability for work, the issue may affect his/her eligibility for benefits. A person filing for benefits makes a weekly certification and one of the questions asked is: "Were you able to work full-time and available for full-time work?" The individual is expected to answer this question "no" if his/her availability is restricted in any way.
 A person with a controllable restriction (transportation, school attendance, child care, etc.) must be able and available for at least 50% of full-time suitable jobs in the labor market.
 A person with an uncontrollable restriction (a physical restriction, etc.) must be able and available for at least 15% of all suitable work in the labor market.
When a claimant has a work restriction and does not meet the above requirements, (s)he is not eligible to receive unemployment benefits until the able and available requirements are again met.
This disqualification is applicable:
 when a claimant's work is suspended or terminated because of work restrictions,
 when a claimant is on a leave of absence for an indefinite period of time (not under the Family Medical Leave Act), and
 when there is no employment relationship currently affected, but the claimant's availability for potential employment is reduced by the work restrictions.
Note: If you have an individual working for you who misses work during a given week, the issue is usually resolved under the "work available" statute. See item Y which explains the work available provision.
Students
A student is generally considered unavailable for work while attending school, however there can be exceptions. A student attending a night course who is still available for full-time day shift work would normally be able and available for work. The law also makes an exception for someone who is in "approved training" [Section 108.04(16)]. Approved training is training through a vocational school or a school offering vocational training that has been approved by the department. Attendance at a college or university is not normally considered approved training.

i think the "student" issue is what will uphold the denial. generaly if a program has a designation for "student" with a clear cut definition (in public assistance for an individual over 18 it was determined by the number of units they were carrying-did'nt matter what time the classes were) the applicant will be held to whatever provision come under "students" and not provisions other applicants may be subject to. as i read the information above it seems that their regulations preclude students (with the exception of night school attendees) from eligiblity to benefits.

if her classes will end soon (for summer break) it might be reasonable in an appeal to show that she can activly seek and accept ANY full time employment (she may in fact be able to file a new claim as soon as her classes end because she will no longer be a "student"-in california at least, some claimants for uib or dib are advised to delay application or re-file when a disqualifying issue ends). because appeals can take time it may be prudent to file an appeal with the idea that by the time it comes up for review her classes will have ended, she no longer is a "student", and the appeals officer would possibly find it an easily resolved issue (they may reach a compromise that delays her first day of benefits to the date her student status ends, but it would keep her from having to reapply).

 

[Sunkissed]

In NYS, we have a program called 599, which exempts students from searching for work while they are in school. I did not qualify for several different reasons, but you may want to see if WI has a similar program.