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.
General Practice Lawyer
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.
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.