Mistake in SC Unemployment Law

[Jastrinka]

I had growing anxiety due to the huge surplus of work we were receiving and fell way behind. I went to the doctor to address my anxiety and he stated i had situational anxiety and would recommend reducing my hours to a PT schedule. This would not work for my employer who needed me FT and could not grant me leave bc I was ineligible from paid or unpaid leave. It was decided my work would be terminatee and I was welcome to come back once I was more capable of handling their workload.
Unemeployment determined to disqualify me for 5 weeks due to medical reasons based on law 41-35-125 (2) (B). When i looked up that law, it actually pertains to eligibility of domestic violence victims and further approves applicants who could not take paid or unpaid leave because they were not eligible for such leave. Law 41-35-120 pertains to disqualification of benefits but this law was not referenced on my determination claim. Is this ground for an appeal? My disqualification window is coming to an end and I wasnt sure if I should begin an appeal based on mistake in law or if this is a common error and not viable for an appeal hearing.

 

[cbg]

You can always appeal. Your right to appeal is unlimited.

But frankly, I don't think you're particularly solid ground to start with. If you're not medically able to work, that's grounds for denial in in just about any state I know of.

 

[Chyvan]

I had growing anxiety due to the huge surplus of work we were receiving and fell way behind.

You're using the wrong theory. Instead of blaming your separation on a medical issue, you blame it on the employer CHANGING as in increasing your workload. Unless the employer paid you more money for the extra work, then it was no different than a pay cut. You'll fair much better and avoid the medical able and available issues that will be created.

 

[commentator]

These issues you talk about, they've already been created simply because the person filed for unemployment benefits and told the exact truth. And any amount of tricky hedging she might've come up with about increased work hours or the employer changing the job would've been quashed by the employer's responses, rightfully.

She needs to be released to full time work, and then apply back to her former employer, and then let them tell her if they have a job available for her or if they are going to say they no longer have a job available for her, and then she can apply to reopen her claim since she's been released by her employer while she was on medical leave. Or else she can go back to work.

Somebody who's got "situational anxiety" and can't work full time, or any other health condition and isn't able to work full time isn't eligible for unemployment benefits. That's just the size of it regardless of what statute you think they are using and whether it's the right one or not. The claimant is not eligible for unemployment if they're not able and available for full time work (or in some cases, part time, mostly defined by their last job.)

Job stress is the nature of jobs. Your employer doesn't give it to you, you decide to have it or not have it. You're not going to get anywhere saying that the employer has changed the work agreement or conditions simply because the workload has increased or you have become too stressed out to work full time and that justifies your voluntarily quitting. From what I am reading, you went to the employer and requested to go on part-time for medical reasons. They denied your request, and said you would have to be terminated until the time that you could work full time again since you had no leave available to take. That was not them changing the playing field, it was your call to change things.

I don't see how you are going to appeal the decision to deny benefits for the five weeks if you have not responded within the time allotted to make an appeal anyway, regardless of what grounds you try to use.