TxLonghorn
Junior Member
Hey everyone, needed some help/advice.
Before I go any further, here's the gist of my case:
I have a brother in law with autism. If anyone knows the first thing about autism, you know routine is everything.
The brother in law was staying with an aunt and uncle in Northeast PA. They were moving to Virginia. Suffice to say, this didn't sit too well with my brother in law's routines. They maintained a home in PA, however after a few weeks of trying to readjust my brother in law to a new surrounding, it was determined that he was better suited returning to PA to their home. He is able to independently live, however needs constant checking up on.
At the time, we were living in Pittsburgh, 5 hours away from where my brother in law is. After some thought, it was deducted it'd be best suited for us to make the move there, as we wanted someone he was comfortable with being responsible for keeping up with him and getting him where he needed to go. As a result, I was unable to continue to keep my job in Pittsburgh, as I don't need to begin to say that a 5 hour drive wasn't economically possible.
I gave a two-week notice and did it properly. We made the move, my spouse got a job out here very quickly. I applied for Unemployment, but was denied after first attempt due to "non-compelling reasons."
I appealed it, and waited 3 months before finally having my hearing. In the hearing, the lawyer representing the company presented three options at me: why didn't I consider a group home, why didn't I consider moving the brother to Pittsburgh, and why didn't I consider having my spouse move to Northeast PA to care for him, while I remained back in Pittsburgh to keep the job. To me, none of these options are reasonable accomodations to be made: if my brother-in-law wasn't comfortable in Virginia and route is everything, moving him to Pittsburgh wouldn't have been any different. A group/nursing home, he's with people he's not familiar with and that's an out of pocket expense that isn't affordable. As for the move, we have two children. Obviously, expecting us to seperate isn't a reasonable accomodation to keep the job.
I explained my case and waited. Finally got the determination letter from the hearing and was denied AGAIN for not "exhausting these options."
I have been informed I have the opportunity to appeal to the next step. Do I have a case? I feel as though logically, having to care for a family member is a compelling reason to leave; especially when there is a 5 hour distance between where we had to go to care for him and where my job was. I also don't feel any of the options that the lawyer from the job proposed settles into the "reasonable accomodation" category. I also stated I am able and eligible to work, which for some reason, it was documented that I stated I WAS working; which isn't the case at this time.
Do I have a case? Any feedback is appreciated.
Before I go any further, here's the gist of my case:
I have a brother in law with autism. If anyone knows the first thing about autism, you know routine is everything.
The brother in law was staying with an aunt and uncle in Northeast PA. They were moving to Virginia. Suffice to say, this didn't sit too well with my brother in law's routines. They maintained a home in PA, however after a few weeks of trying to readjust my brother in law to a new surrounding, it was determined that he was better suited returning to PA to their home. He is able to independently live, however needs constant checking up on.
At the time, we were living in Pittsburgh, 5 hours away from where my brother in law is. After some thought, it was deducted it'd be best suited for us to make the move there, as we wanted someone he was comfortable with being responsible for keeping up with him and getting him where he needed to go. As a result, I was unable to continue to keep my job in Pittsburgh, as I don't need to begin to say that a 5 hour drive wasn't economically possible.
I gave a two-week notice and did it properly. We made the move, my spouse got a job out here very quickly. I applied for Unemployment, but was denied after first attempt due to "non-compelling reasons."
I appealed it, and waited 3 months before finally having my hearing. In the hearing, the lawyer representing the company presented three options at me: why didn't I consider a group home, why didn't I consider moving the brother to Pittsburgh, and why didn't I consider having my spouse move to Northeast PA to care for him, while I remained back in Pittsburgh to keep the job. To me, none of these options are reasonable accomodations to be made: if my brother-in-law wasn't comfortable in Virginia and route is everything, moving him to Pittsburgh wouldn't have been any different. A group/nursing home, he's with people he's not familiar with and that's an out of pocket expense that isn't affordable. As for the move, we have two children. Obviously, expecting us to seperate isn't a reasonable accomodation to keep the job.
I explained my case and waited. Finally got the determination letter from the hearing and was denied AGAIN for not "exhausting these options."
I have been informed I have the opportunity to appeal to the next step. Do I have a case? I feel as though logically, having to care for a family member is a compelling reason to leave; especially when there is a 5 hour distance between where we had to go to care for him and where my job was. I also don't feel any of the options that the lawyer from the job proposed settles into the "reasonable accomodation" category. I also stated I am able and eligible to work, which for some reason, it was documented that I stated I WAS working; which isn't the case at this time.
Do I have a case? Any feedback is appreciated.
