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I was denied because I wrote that I was available to work day shifts seven days a week. I put my preference instead of avail.

Bellingham, WA |

I talked to a guy from the unemployment agency and told him that I was available nights and graveyard which is the shifts I had worked all year. In my denial letter is stated that at the end of our conversation I qualified my statement by saying I was available for all shifts. Which is what nurses usually have to do. I was then denied saying I wasnt available and able for work for all customary hours for my occupation.

Attorney Answers 2

Posted

I'm not sure I understand your scenario but it appears that you may have been denied unemployment benefits. If you have been denied by ESD for unemployment compensation remember that you have a right to appeal that decision but you must do so within a short period of time. I suggest that you do appeal and that you hire an attorney to represent you at the proceeding. As the hearing will likely be a telephonic hearing your attorney could be present with you or could participate over the phone from a different location as necessary. Good luck.

Providing this general response does not create an attorney client relationship.

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Posted

Sorry Im new to this. I was denied unemployment because I wrote I was only available days (mainly because I am a single mother) I had worked nights and graveyard the entire last year. I was denied because they said I was not able and available for all customery hours for my occupation. My question is. I already told them yes I was willing to work anytime that I wrote my preferences. I talked a guy from the unemployment agency. And told him I would prefer days but yes I was willing to works eve and noc shifts. Then I was still denied. If again with the judge on the phone if I state that I am able and available to work all hours is it likely that I will win? I feel like I was unjustly denied.

Jared N Hawkins

Jared N Hawkins

Posted

Two thoughts: (a) appealing and ESD decision is always worthwhile because you don't lose anything by appealing and you have the chance of receiving benefits; and (b) why not apply again but be more clear this time about availability? It seems like availabilty is one condition that could change for people, thus potentially allowing people to re-apply once they become available. Copy this link into your browser for the applicable regulation: http://apps.leg.wa.gov/wac/default.aspx?cite=192-170&full=true. Good luck.

Posted

Yes, the Employment Security Department has made a determination that you are not eligible for benefits because they say you are not available and ready to accept a suitable offer of work (which, in this case, is any nursing shift). You have 30 days from the date of the determination in which to appeal the finding. (Not 30 days from when you receive it, but 30 days from the determination itself.) The determination notice explains how to notify the department that you want to appeal and the date by which the request must be received by them. I agree that your chances of prevailing upon appeal are simply better if you are represented by counsel. Good luck to you.

This does not constitute legal advice. You should consult an attorney who can assess the facts of your case and discuss your legal rights and obligations.

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