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NicoleAnn

i applied for unemployment benefits about a month after I voluntarily quit my job. I was having a very difficult time finding any jobs related to my degree in the local area.

Here’s what I wrote when I was applying for unemployment benefits….

“Driving 1:15 - 1:45 minutes back and forth each day to work in heavy city traffic became very stressful and overwhelming. At the beginning of my job I was hired to manage one research study, however, throughout the course of the year, several research studies were added to my job responsibilities. Rather than hiring additional employees, they kept accumulating more and more research studies to my current workload. This resulted in taking more and more work home or staying late into the evening in Pittsburgh. I was not being paid overtime. The accumulated work was causing me to miss out on family functions. Basically, I was spending anywhere from 2 1/2 to 4 hours a day driving, along with taking an additional to 2 - 3 more hours of work home with me. From the time I got up until I went to bed was spent driving and working.”

Looking back….I probably should have focused more on the actual distance and time it was taking me to get to work…because that is my PRIMARY reason for leaving work.

I gave my boss a very reasonable two week notice….she asked if it could be 3 weeks because it would take awhile to get someone to replace me in my position. I agreed and it actually ended up being an entire month before my last day of employment. I left on VERY GOOD terms with my employer and was even enticed with a raise (although I respectfully declined because it really wasn’t about the money…it was about the driving and stress of city traffic). I am still considered casual on-call for this job….meaning that if my former boss called and asked me to come down and possibly train the newbie..then I am still in their payroll system and can get my hourly wage. My last day was 2/18/07 and I have not worked at all yet.

So……

I get my NOTICE OF DETERMINATION in the mail last week. States that ’the claimant did not exhaust all alternatives prior to quitting.”

I’m not worried just yet….I am assuming that everybody that applies get denied their first time round. I am in the process of applying for the appeal. However…I wanted some advice on any tips or comments or anything that I should include in this appeal. I have to write a paragraph giving reasons for disagreeing with the determination and filing this appeal.

Any suggestions???

I really wanted to focus on the distance, time, and the stress of city traffic as my PRIMARY REASONING for leaving the job.

Here are some more details if this helps….
There is basically only one main route to take to get to my job….if there are any slight traffic delays..it was a nightmare.
My boss new and understood that I had a lot on my plate with the many research studies I was coordinating and completely running on my own. There was talk several times about hiring a new person or giving a study to another research assistant….but nothing ever happened.

I stayed very late many nights to complete my work…resulting in getting home at like 10pm sometimes….and I was paid salary…so no overtime. I never saw my family. It was basically get up, drive to work, work, drive home from work, go to sleep, and do it all over again!

Thank you in advance for your advice and suggestions….they are GREATLY appreciated!!!

~Nicole[/size][/size][/size]

UC Help Center · Posted: Thu Apr 19, 2007 1:33 pm Post subject:

Based on the facts you list it may be difficult to obtain UC Benefits. I am puzzled as to what changed with regard to driving time and distance from the time to accepted the position to the time you opted to leave work? Was the drive time just as stressful on your first day of work? If so, why did you continue to work at this employer and why did you accept the job. There is a presumption that if you accept a position it is suitable for you as well as the employer.

Did you seek medical treatment because of the increased stress from driving and, if so, did you inform your employer that you were medically advised to discontinue driving that great distance each day?

Your case will be evaluated under §402(b) of the Unemployment Law. That section of law requires that you show that you left work for a necessitous and compelling reason. This means that a reasonable person, in the same situation, would have resigned. You will have the burden of proving this at your Referee's Hearing.

If nothing really changed between your first day of work and the date you left employment then you will have serious problems in meeting your burden. You cannot accept a job a great distance from home, work there for a lengthy period of time and later collect benefits because the job was too far away.

Finally, you do not need to write a lengthy explanation to fiel your appeal from that Initial Determination. You can merely state "I left my job for necessitous and compelling reasons" Your testimony is what the Referee will use to make a determination and you should concentrate on that, not anything in writing.

Good luck to you.

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