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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1761
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I had to quit my job due to my 82yr old father needing my care.

Resolved Question:

I had to quit my job due to my 82yr old father needing my care. My unemployment was denied. I appealed it & it was once again denied. I am appealing it again. What do I need to say to make them understand I need to take care of my father but also need the unemployment to take care of my financial obligation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

To receive unemployment, you need to prove that you lost your job through no fault of your own. To be able to quit, you must prove that a reasonable person in your situation would have been given no choice but to quit.

Employment-LawExpert :

Did you have to relocate to take care of him?

Customer:

No I live in the same town. I had only worked there since Feb.25-2013. My previous employer business burnt down & I had been there 21yrs.

Employment-LawExpert :

So what exactly is the reason they are giving you as to why you are being denied?

Employment-LawExpert :

Because to receive unemployment, you must prove that you are ready, willing, and able to receive work.

Employment-LawExpert :

So, if you had to relocate, you have absolute grounds to get unemployment.

Employment-LawExpert :

Because you had to move to your father to take care of them, but can still find work

Employment-LawExpert :

My guess is, that you are arguing to them that you had to quit to take care of him, and that you need unemployment while you take care of him.

Employment-LawExpert :

This would result in a denial of benefits because you are not "looking" for work

Employment-LawExpert :

Especially because if you were ready to receive work, you would not have quit your previous job.

Customer:

Employer said that cause for quitting wasn't a good cause.

Employment-LawExpert :

That is standard from employers. In a situation where you do not relocate, you must either 1) prove that you were constructively terminated, or 2) prove that you could not work and that your employer would not give you time off, and that now you can work

Employment-LawExpert :

To be constructively terminated you would have to to go to the employer and request accomodation to take care of your father.

Employment-LawExpert :

What does taking care of your father consist of?

Employment-LawExpert :

i.e. why can you work now, and not before?

Customer:

I have to take him to therapy 3x a week, prepares his meals,dispense his medications & assist him in walking until he's stronger. I have been looking for work but the hours I am available @ this time are selective. I hadn't worked @ last job long enough to get leave of absence. I was only there from Feb.25-2013 to May13-2013.

Employment-LawExpert :

That is correct. You did not have enough time to have any legally protected leave under the FMLA, however, to get unemployment, you need to make the following arguments.

Employment-LawExpert :

1) that you tried to continue the working relationship, 2) that you could not, so were left with no choice but to quit, 3) that the reason you quit was to take care of an immediate family member who is suffering from a debalitating disability, and 4) that you are available for work now

Employment-LawExpert :

So, what would have happened if you told your employer that you could not work during the days when you have to take him to therapy?

Customer:

Ok thank-you for your information.

Employment-LawExpert :

Not a problem. Does this fully answer your question today?

Customer:

yes

Employment-LawExpert :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.


 

Employment-LawExpert :

Have a wonderful rest of your day.


 

Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1761
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 8 other Employment Law Specialists are ready to help you
Expert:  Brandon, Esq. replied 1 year ago.
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