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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5731
Experience:  Exclusively practice labor and employment law.
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I was denied unemployment because I resigned from my job to attend nursing school. I had a

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I was denied unemployment because I resigned from my job to attend nursing school. I had an appeal the a second appeal and they are saying I am disqualified from receiving unemployment because I left my job and it wasn't for a good cause. Should I appeal for the 3rd and last time, or are they just going to deny me again?
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

In cases of resignation like yours, the employee has the burden of proof to show that the resignation was for "good cause attributable to the employer" and courts generally interpret this to mean that no objective and rational person would be expected to tolerate the employer's treatment; some examples are sexual harassment, physical violence etc. Also in these cases you'd have to be able to prove you made some attempt to bring the matter(s) to your employer's attention, but the employer was not responsive to your concern.

Generally, resigning for the sole reason that you were going to attend nursing school would not be "attributable to the the employer" and thus not subject to payment of benefits to you. With the facts that you've provided, I do not believe it reasonably likely that you will prevail in collecting benefits. I'll leave it up to you whether you wan to appeal to hearing or not, but I'd estimate your chances of reversing the prior decisions as very low.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

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