by Meganreynolds1986 » Sun Aug 01, 2010 08:52 pm
i was on a fmla and extremely sick. i had worked at this company for 3 and 1/2 years. i couldn't get out of bed and was very "out of it" due to the medication i was on. when i didnt return to work on time i recieved a letter saying that i had voluntarily quit. when i applied for unemployment. i was denied. i read somewhere that you can reapply in some states after waiting for some time. i lost my job in october 2009 and still have not been able to get a job. So can i reapply?
Posted: Mon Aug 02, 2010 02:33 am Post Subject:
You can apply whenever you want, nothing stops you from applying, it's getting approved that you most likely care more about.
You'll need someone who is much better versed on the topic of Oregon's unemployment laws to figure out how to increase those odds. Attorneys are typically more useful.
Posted: Mon Aug 02, 2010 06:31 am Post Subject:
Denials come with a reason. What should have been done is that you should have appealed if you did not agree with the denial. Waiting and filing a claim now won't be any different... the same qualifications still apply. Also, I'm pretty sure you need to have been employed for a certain amount of time just prior to filing in order to start a new claim. Otherwise it's the same claim as 6 months ago.
Posted: Thu Sep 16, 2010 10:54 am Post Subject:
I don't think we can apply for unemployment benefits if we've left the job on our own. In order to get the unemployment benefits, we've to prove that we've been laid off.
when i didnt return to work on time i recieved a letter saying that i had voluntarily quit.
You should have gone through your employment offer letter and the conditions very carefully. Now, it can become all the more difficult for you to prove your point.
Posted: Thu Sep 16, 2010 12:38 pm Post Subject:
There can be extenuating circumstances surrounding a "voluntary quit" that would still allow a person to be approved for an unemployment claim. I don't think the OP's situation is one of them.
Posted: Thu Sep 16, 2010 06:37 pm Post Subject:
Agreed... some states allow people who have "quit" to collect unemployment if they can show that they would have been fired anyway.
Of course the company labeled the employee as "voluntarily quiting"... this provided them a defense in having a unemployment claim held against them. The OPs mistake was not appealing the decision within the required amount of time. Something else the company was hoping for.
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