Should student get unemployment benefits?
January 24, 2010 by Taylor HanniganPosted in: From the Courts, In this week's e-newsletter, Latest News & Views
He wants a job, but not one that conflicts with his school schedule. Can he get unemployment benefits?
In the fall of 2008, Christopher Salimen was working a 40-hour week as a driver while also pursuing an accounting degree by taking afternoon and evening classes.
Salimen was laid off in October, and he sought unemployment benefits. When he filled out the application, he said he was not willing to quit school for a job that interfered with his academic schedule. Education was his first priority, he said.
The unemployment law judge denied benefits, finding Salimen wasn’t entitled to them because he wasn’t available for suitable employment.
Salimen appealed, but he lost. A court agreed that he was not entitled to benefits because he was not willing to quit school to take a suitable job.
Cite: Salimen v. Department of Employment and Economic Development.
Did the court get it right? Tell us what you think in the comments section below.
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January 27th, 2010 at 2:12 pm
I believe the judges got it correct. The other side of the question is why there are unemployment benefits. It is a tax on business and the public that encourages further unemployment. I have heard students who are going to quit their jobs becuase they are again eligible to collect the benefits if they loose their job.
February 1st, 2010 at 10:09 am
The judges got it correct. Education is incredibly important, but in today’s world of technology, there are programs out there designed to support working adults. He made a choice not to enroll in those programs, and continue in a program that conflicts with work schedules. It is a personal choice, and with all choices in life, there are consequences.
February 1st, 2010 at 10:23 am
“The other side of the question is why there are unemployment benefits. ”
To keep people from going homeless and hungry just because they have temporarily lost their jobs FFS.
“It is a tax on business and the public that encourages further unemployment. I have heard students who are going to quit their jobs becuase they are again eligible to collect the benefits if they loose their job.”
Your anecdotal evidence means jack all.
February 1st, 2010 at 12:05 pm
Without knowing what state the person in the article lived in, there is no way to respond to whether or not the judge got in right. There are different rules in different states.
In Indiana, if you are in school when you are laid off, they will waive the requirement that you look for work while you finish college. Of course, you can’t quit work and collect unemployment just because you are in school–you have to be laid off. I believe, in any state, you should be eligible for benefits if you are available for a 40 hour work week–which doesn’t have to be from 8-5.
February 1st, 2010 at 12:41 pm
I think that Pam R has it correct, If he was working a 40 hour a week job and going to school he should be able to get unemployment benifits as long as he is willing to work the same hours that he was previously. It is only going to be to the betterment in the end for him to finish school. I believe that he should be able to recieve unemployment as long as he is willing to take a job evenings and weekends its his concern (and he did it before) that he probably worked with a severe lack of sleep.
February 1st, 2010 at 2:16 pm
A person should learn to be self-sufficient. You should save your money and avoid debt to protect yourself when you do lose a job. The government was never intended as a parent to fall back on when or if you should lose a job. Taxes on businesses arr passed on to the consumer. This make products more expensive which means you need more money to live.
February 1st, 2010 at 2:22 pm
“You should save your money and avoid debt to protect yourself when you do lose a job.”
And for the people working two jobs just to make enough money to live on? What of them?
Sorry Bill, but if you don’t want any social services to exist, you’d be best off living in Somalia.
http://www.youtube.com/watch?v=7QDv4sYwjO0
For the rest of us, the safety net exists in case we or our fellow human beings need it. And as for businesses, well, sorry to tell you, but that’s the cost of doing business in this society, and businesses are free to pass that cost on to consumers all they want. I and most rational human beings will gladly pay it.
February 1st, 2010 at 4:35 pm
Hello reality check people?! How do you expect people to improve their lives and cushion themselves from the next recession if you are anti-education. My sister is in Oregon and in a similar situation. She has had a full time job(sometimes 2 full time jobs at a time) since high school. She has paid into the system for all these years but won’t get a penny out of it because she got laid off from her FT job while enrolled in an evening MBA program. If she had started the MBA program after being laid off she would be able to get unemployment checks. They will not give her unemployment because she refuses to take a job that conflicts with her evening MBA program. This system is backwards and the state should return her money.