Prev. Working PT but Denied UI Because Not Looking for FT Work

[curlyroller]

I'll try to keep this short and sweet. Thanks in advance for reading it and any help you can give.

Bottom Line (more details below): Is it acceptable/legal to deny UI benefits to someone with a disability that reduced the number of hours they could work because they can't work the same number of hours as they were working in their base period?

Brief Explanation of Circumstances: Beginning in February 2010 I was put on part time hours by my physician. Initially, this was done under FMLA. I was notified 4/16/10 that my FMLA was running out and submitted a request for accommodation due to disability that would allow me to continue working part time. As I anticipated, that was denied and I was terminated in writing due to this on 4/30/10.

I applied for UI and at their request submitted documentation of disability and that I was terminated due to employer being unable to accommodate. Received 2 letters from UI today. One says that the circumstances of my separation from employment are eligible, because of my medical condition being eligible. The other says that I am ineligible because I am not available and looking for work because I'm not looking for full-time work. I am available and looking for work, but it's part time work due to my doctor's orders.

It seems to me that there are 3 eligibility requirements for UI in Oklahoma:

1. Base Period Wages: you have to have worked enough in your base period to be eligible.
2. Circumstances of Separation: you must have been separated from your job due to no fault of your own. no quitting, no termination for misconduct, etc.
3. Availability for Work: you must be able to work and looking for work. UI is temporary in nature and for those that are trying to get back to work.

I've already been determined to meet the first two criteria, but the third seems to be the issue.

I called the UI help line today and was told that because I was scheduled to work 40 hours per week during the base period (earliest 4 of the 5 quarters prior to application for benefits; in my case January 2009 - December 2009), I could not be considered as available for work unless I was able to work the same number of hours as I was scheduled during the base period.

Obviously, my medical condition changed in February 2010. It seems asinine to me that OESC has determined that I have a legitimate medical condition that caused me to need reduced hours and therefore lose my job (eligiblity criteria #2), but is denying me UI benefits under criteria #3 because I have to work those same reduced hours.

I have filed for an appeal, but am wondering if I have a chance at all. I reviewed what I believe to be the applicable rules for UI (Oklahoma Employment Security Act; 40 Oklahoma Statutes, Chapter 1 as Last Amended & 2010 Rules for the Administration of the Oklahoma Employment Security Act) and can find no mention of any kind of considerations for disability. In fact, they only mention disability as an acceptable reason to quit.

Thanks in advance for any help you can give.

Additional info:
I have worked for the company I was terminated from since 10/2008. Worked for another state's Employment Commission for 10 years prior to that.

I have a disability that flares up from time to time and is exacerbated by
stress.

All performance reviews have been excellent and resulted in raises.

January 2009-December 2009 I had two hospitalizations and spent 6 weeks out of work the first one (April 2009) and 3-4 weeks the second one (Nov 2009). Further, I missed time due to doctor's appointments and started on FMLA intermittently in November for doctor's appointments, etc.

Since returning from the first hospitalization, I've experienced what I believe to be retaliation from at least one of my supervisors (petty write ups (which were reversed when I appealed them), unreasonable and unrealistic deadlines, head games, etc. -- sorry I can't describe it better!).

I was on full time FMLA leave for the entire month of January 2010 due to disability.

Since February 2010 (starting 23rd I believe), I have been scheduled to work part time (20 hours, 4 hours/day) under FMLA, though I have been treated as a full time employee in terms of benefits.

 

[army judge]

I'll try to keep this short and sweet. Thanks in advance for reading it and any help you can give.

Bottom Line (more details below): Is it acceptable/legal to deny UI benefits to someone with a disability that reduced the number of hours they could work because they can't work the same number of hours as they were working in their base period?

Brief Explanation of Circumstances: Beginning in February 2010 I was put on part time hours by my physician. Initially, this was done under FMLA. I was notified 4/16/10 that my FMLA was running out and submitted a request for accommodation due to disability that would allow me to continue working part time. As I anticipated, that was denied and I was terminated in writing due to this on 4/30/10.

I applied for UI and at their request submitted documentation of disability and that I was terminated due to employer being unable to accommodate. Received 2 letters from UI today. One says that the circumstances of my separation from employment are eligible, because of my medical condition being eligible. The other says that I am ineligible because I am not available and looking for work because I'm not looking for full-time work. I am available and looking for work, but it's part time work due to my doctor's orders.

It seems to me that there are 3 eligibility requirements for UI in Oklahoma:

1. Base Period Wages: you have to have worked enough in your base period to be eligible.
2. Circumstances of Separation: you must have been separated from your job due to no fault of your own. no quitting, no termination for misconduct, etc.
3. Availability for Work: you must be able to work and looking for work. UI is temporary in nature and for those that are trying to get back to work.

I've already been determined to meet the first two criteria, but the third seems to be the issue.

I called the UI help line today and was told that because I was scheduled to work 40 hours per week during the base period (earliest 4 of the 5 quarters prior to application for benefits; in my case January 2009 - December 2009), I could not be considered as available for work unless I was able to work the same number of hours as I was scheduled during the base period.

Obviously, my medical condition changed in February 2010. It seems asinine to me that OESC has determined that I have a legitimate medical condition that caused me to need reduced hours and therefore lose my job (eligiblity criteria #2), but is denying me UI benefits under criteria #3 because I have to work those same reduced hours.

I have filed for an appeal, but am wondering if I have a chance at all. I reviewed what I believe to be the applicable rules for UI (Oklahoma Employment Security Act; 40 Oklahoma Statutes, Chapter 1 as Last Amended & 2010 Rules for the Administration of the Oklahoma Employment Security Act) and can find no mention of any kind of considerations for disability. In fact, they only mention disability as an acceptable reason to quit.

Thanks in advance for any help you can give.

Additional info:
I have worked for the company I was terminated from since 10/2008. Worked for another state's Employment Commission for 10 years prior to that.

I have a disability that flares up from time to time and is exacerbated by
stress.

All performance reviews have been excellent and resulted in raises.

January 2009-December 2009 I had two hospitalizations and spent 6 weeks out of work the first one (April 2009) and 3-4 weeks the second one (Nov 2009). Further, I missed time due to doctor's appointments and started on FMLA intermittently in November for doctor's appointments, etc.

Since returning from the first hospitalization, I've experienced what I believe to be retaliation from at least one of my supervisors (petty write ups (which were reversed when I appealed them), unreasonable and unrealistic deadlines, head games, etc. -- sorry I can't describe it better!).

I was on full time FMLA leave for the entire month of January 2010 due to disability.

Since February 2010 (starting 23rd I believe), I have been scheduled to work part time (20 hours, 4 hours/day) under FMLA, though I have been treated as a full time employee in terms of benefits.

FMLA is another government scam that leads people to believe the government protects them.

As you've unfortunately discovered, FMLA does nothing for people who need it.

Sure, if you'll be out of work for 4-6 weeks, its might help.

Truth be told, most employers worked with people out on temporary disabilities or medical conditions.

Unfortunately, if your problem is bigger, you get screwed.

I'm sorry that you're going through this sham.

Unfortunately, unemployment is going to screw you because of your medical condition.

The old, "gotta be looking for work (even if there is NO work)" caught you.

I don't know anything to tell you, except, I'm sorry you have been misled.

I see this sad scenario played out regularly.

Crooked, lying politicians pretending to care and deceiving the public into thinking there's a remedy for them.

Just wait until that "health care scam" gets rolled out.

The disappointment and pain people will experience under that scam will be even worse.

There is no legal remedy for you, friend.
I'm sorry.

 

[curlyroller]

army judge,

thanks so much for your response, but respectfully, i'm not sure i'm seeing any answers to my questions in it, or i don't understand them.

Unfortunately, unemployment is going to screw you because of your medical condition.

The old, "gotta be looking for work (even if there is NO work)" caught you.

how is unemployment going to screw me and what are you basing that on? also, i am looking for work as i stated in my post, and there is quite a bit of it around my area. the issue i'm having is that they are holding me to a standard that is inconsistent with the disability they have already recognized.

There is no legal remedy for you, friend.
I'm sorry.

what are you basing this assessment on? it seems like you've had or witnessed some bad situations and your post is kind of a rant against the government. i'm not sure how it relates to me specifically.

i don't mean to offend, and i hope i haven't, i'm just trying to get some answers on my situation.

thanks.

 

[Patricia_Young]

I agree, sometimes AJ goes off on us.

I think you have a decent chance in your appeal, but you might want to get the advice of an employment law attorney in your state to formulate your argument.