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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11788
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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I filed for unemployment on March 31, 2013 after I completed

Resolved Question:

I filed for unemployment on March 31, 2013 after I completed my contract work throuh a temp agency. I was approved for UC benefits. I actively looked for work in my field of banking but I did travel overseas to be with family during a family crisis for two weeks. I was told I filed outside the country and therefore was not available for work and may have my UC benefits terminated. I explained I was available and could be contacted because I had access via my cell phone and computer and if I had an offer or even interview I could be contacted or return. The UC person told me to be available I would have to be available to report t work the next day. In all my 32 years in banking I have never been contacted to report to work the next day. My type of work is related to risk management and all my endeavors to find another position has been conducted through the computer and online applications. Most companies would not even consider any other type of applications. Many times the first interview is a phone interview and the process to obtain an offer of work can take over a month. What should I do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Andrea, Esq. replied 1 year ago.

Hello and Welcome to JustAnswer, My name is XXXXX XXXXX my goal is to provided you with Excellent Service by giving you correct Answers so that you can protect your interests,

 

I understand exactly what you are saying and I agree with you completely about initial interviews usually being by telephone and positions such as risk management are of such a specialized nature that one would never be expected to start a new position within a matter of a few days of first being contacted. But you are dealing with bureaucracy and people who do not fully understand these concepts and they are required to go by the rules and regulations that are given to them. One of these rules is that the individual who is receiving unemployment compensation benefits be "available for work". The Unemployment Compensation Board has determined that an individual who is reporting his unemployment status from somewhere outside of the United States is "technically" not "available for work". They cannot terminate your unemployment compensation benefits completely, but they can rule that you are ineligible to receive unemployment compensation for the period of time that you were outside the United States.

 

If they rule that you are ineligible to receive unemployment compensation benefits during te time you were outside the United States, if I were in your position, I would appeal that decision. You would have a hearing and the hearing officers are much more reasonable and if you explained the process of finding suitable employment in your particular area of expertise, the Hearing Officer has the power and the authority to reverse the decision and Order that you receive unemployment compensation benefits without interruption for that period of time that you were outside of the United States. I would not mention anything about a family crisis again because they could disqualify you on those grounds, i.e., that you really were not "available for work" because you were overseas because of a family crisis,

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Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11788
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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