WA Unemployment Denied Because I am a "Full" time Student? (collecting, file)

[sn0rlax]

Firstly, this forum has been wonderful. I found this forum and read through all the cases, following advice from previous threads before filing my unemployment initially. I was fired for 'misconduct', and I was approved without having to appeal, as I didn't incriminate myself like the advice said.

In the same breathe I was approved, I was denied in a second letter with their reaason being that I am a Full Time student. I am taking a refresher program (math, writing class) totaling 6 hrs a week.. It's not required I go every day, and the classes are at night ( which I told them) Because of this I guess I am regarded as a fulltime student. I'd be willing to quit the program if need be.

TDIL - I shouldn't of said I was at school at all. I am going to appeal the decision, I would like some advice, on how I should go about that? Thanks so much.

Here's what the letter said:

We made a decision about your unemployment benefits claim based on information we have at this
time
We denied your unemployment benefits starting Feb 12 2017 until the reason for our decision
no longer exists.
You’re attending school full time to receive an academic degree. You’re not willing to drop,
reschedule or miss your classes in order to accept a job.
As a result, you’re not available for work and not eligible to receive unemployment benefits.
The laws that apply are RCW 50.20.095, WAC 192-200-005 and WAC 192-200-010.
If we need to consider other questions about your claim, we’ll send you separate letters to address
each issue

What you need to do:
• Read this entire letter carefully and decide if you want to appeal. You have until Apr 6 2017
to appeal.
• If we approved your benefits, or if we denied them and you decide to appeal, continue to submit
weekly claims for weeks you want to receive benefits. We’ll decide if you’re qualified to receive
those benefits.

[Chyvan]

You start by submitting, "the determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled."

Send it in.

Hopefully you get a hearing file/packet that will show if the decision was made by an idiot with a trimmed down story to justify the denial.

It's only classes that are from 8:00 to 5:00 pm Monday to Friday that should cause a problem.

Being willing to quit if you get a job is qualifying.

I can't imagine what the person that interviewed you got out of the story, but it's most likely wrong, but you'll know where things went wrong when you see how what you said got jumbled into UI speak.

Originally Posted by sn0rlax

I shouldn't of said I was at school at all.

It's good that you didn't do this. While I don't know specifically about WA, The news people in my state had a field day during sweeps week about people in jail, prison, hospitals, and schools collecting, and after that the state started crossing checking, and people got dinged.

[sn0rlax]

Thanks so much Chyvan, you are awesome! I will go ahead and proceed as directed, I'll update the thread with the results or any bumps I have. Thanks again.

[Rabrrita]

Washington is a bit weird on students because they also go by hours attending. If you are attending over a set number of hours per week regardless the days or time you are going to school.

However, the good news is they have escape routes which will depends on the hours and days you are attending. If you can show that your normal work profession work hours doesn't interfere with schooling, they can grant benefits.

If you can show that you have previously went to school during those hours yet also had a full time job, they can grant you benefits.

If you can show that even with that school schedule, it has not interfered with you seeking, applying and interviewing for employment, they can grant you benefits.

Basically, you just have to put together enough evidence to show that your schooling does not in anyway interfere with your requirement to seek, apply and accept full time suitable employment. If you can do that, you will get benefits.

Now, if you really did say what they wrote "You’re not willing to drop, reschedule or miss your classes in order to accept a job." you probably can kiss your benefits good bye! That is the benefit kiss of death until such time as you can affirmatively show that you will drop the class in a second to accept suitable employment. You can not change the past (if you really said that) but you can have a change of heart so that benefits can start once they are satisfied you mean it.

[citychik]

Is the "refresher course" you're taking part of a degree-granting program? If not, they're wrong in their assumption and I'd object their decision on that point.

If I were you, I'd look up and read the statutes they cited in their letter so you know them and see if there is any kind of education that is acceptable. Most states have their laws online. You may have to drop the course OR file when it's over.

[kashin]

sn0rlax - did you ever resolve your appeal? I'm going through the same issue. Less than 6 hours of evening class and got denied. I would really appreciate if you have any advice for me. I appealed last week, but haven't heard back.

[Chyvan]

Originally Posted by kashin

I appealed last week, but haven't heard back.

You mean you submitted an appeal REQUEST or you had a hearing?

[amaiunmei]

Originally Posted by Rabrrita

Washington is a bit weird on students because they also go by hours attending. If you are attending over a set number of hours per week regardless the days or time you are going to school.

However, the good news is they have escape routes which will depends on the hours and days you are attending. If you can show that your normal work profession work hours doesn't interfere with schooling, they can grant benefits.

If you can show that you have previously went to school during those hours yet also had a full time job, they can grant you benefits.

If you can show that even with that school schedule, it has not interfered with you seeking, applying and interviewing for employment, they can grant you benefits.

Basically, you just have to put together enough evidence to show that your schooling does not in anyway interfere with your requirement to seek, apply and accept full time suitable employment. If you can do that, you will get benefits.

Now, if you really did say what they wrote "You’re not willing to drop, reschedule or miss your classes in order to accept a job." you probably can kiss your benefits good bye! That is the benefit kiss of death until such time as you can affirmatively show that you will drop the class in a second to accept suitable employment. You can not change the past (if you really said that) but you can have a change of heart so that benefits can start once they are satisfied you mean it.

Another thing to keep in mind is that availability depends a lot on the job the person had.

If you worked in an insurance office, then the hours you are expected to be available for work are 8 am to 5 pm, Monday thru Friday. Anything happening outside of those hours is generally not of concern.

If you are a security guard, that occupation generally requires 24-7 availability ... that makes things a bit tougher for folks who worked in those fields.

Generally, I would tell someone working in a 24-7 position that schooling that is 100% online should not affect their benefits. Also, if one is physically going to school, my advice is to state equivocally that you are willing to drop classes should be offered work during that time period.