Denied Pennsylvania Unemployment

[burnsje67]

I was employed at a school, my position was eliminated. I worked 90 days a year as a clerical aide. I was given a position in another school, required to work 180 days a year, my start time was 7:15 not 8:30. I requested an 8:30 start time and was denied so I asked for another position and was denied. other positions were open from others that didn't take a position and those were given to others that has less seniority. I care for my elderly mother and the start time would be a huge adjustment. I was declined UC and lost an appeal. Any help or advice would be greatly appreciated.

 

[cbg]

Unless determined otherwise by union contract, seniority means exactly zip in employment law.

So what happened? They didn't give you the start time you wanted (which they were under no legal obligation to do) and they likewise hired other people into the positions with start times that you wanted (which they had every right to do), did you quit? Did they fire you? How did you end up applying for UC? You don't explain that.

 

[commentator]

Under those circumstances, you have virtually no possibility of being approved for unemployment. If you had asked us prior to your claim being denied, before you had your appeal hearing, there's still very little way to argue that you didn't refuse an equivalent job. It was not a lay-off or closing situation, it was more like refusing a transfer. And the transfer was to a very similar type job.

Yes, your number of work days was increased. But the job, as I understand it, was refused by you due to a personal reason. You were offered an equivalent position. You did not want to accept it because it involved not even a different shift, but an hour or so adjustment in your schedule. That there were jobs they could have offered you that had what you considered more desirable hours is not relevant. That these jobs were given to people with less seniority is not relevant.

Your personal situation, regardless of how virtuous or pressing it may be, has no bearing on unemployment approval. That you were offered a position and did not accept it due to the starting time is what they are looking at in this situation. It might have been possible for you to start the job on the early shift, and later arrange a trade out with another employee who preferred your early start time to a later one. But under the circumstances, it doesn't seem that unemployment is going to be approved.

Have you already had your in person or by telephone second appeal hearing? If not, go on and ask for that one, you might as well, you certainly have nothing to lose under these circumstances.

 

[Beth3]

I was declined UC and lost an appeal. Any help or advice would be greatly appreciated.

The only advice I can give you is to give this up. There is no theory under which the State will grant you unemployment benefits.