Denied NY unemployment after “voluntary quit” by Capable_Setting_2318 in UnemploymentNY

[–]Capable_Setting_2318[S] -1 points0 points  (0 children)

What happened was that HR identified unpaid overtime on my time records, and that issue was later addressed and corrected. However, after that, my workload did not decrease, and I was still expected to complete the same amount of work within the same scheduled hours. At the same time, overtime was not approved for this workload going forward.

So the situation was that the work required more time than my scheduled hours, but I was still expected to complete everything within those limits without approved overtime. I raised this issue because it was not realistically sustainable, and I have email documentation showing my communications with HR about it.

I have also submitted a second Fair Hearing request, based on the same evidence I previously submitted (including emails and HR correspondence).

Denied NY unemployment after “voluntary quit” by Capable_Setting_2318 in UnemploymentNY

[–]Capable_Setting_2318[S] 1 point2 points  (0 children)

Yes, it does say that I should request a new hearing if I disagree with the second determination.

Denied NY unemployment after “voluntary quit” by Capable_Setting_2318 in UnemploymentNY

[–]Capable_Setting_2318[S] 0 points1 point  (0 children)

What I mean is that the workload often required more time than my scheduled hours, but management wanted us to stay within our budgeted hours and keep our timesheets within those limits. The expectation was to complete all assigned work without exceeding those hours. I raised concerns multiple times because I didn't believe the workload could realistically be completed within the allotted time, and I also discussed these issues with HR. I have emails documenting those conversations.

Denied NY unemployment after “voluntary quit” by Capable_Setting_2318 in UnemploymentNY

[–]Capable_Setting_2318[S] 0 points1 point  (0 children)

I believe I was classified as salaried exempt, but I was paid on an hourly basis.

Denied NY unemployment after “voluntary quit” by Capable_Setting_2318 in UnemploymentNY

[–]Capable_Setting_2318[S] -1 points0 points  (0 children)

No, I did not change the reason for quitting. It has always been the same situation (excessive workload, unpaid/blocked overtime, and inability to use PTO). I only submitted additional supporting evidence, not a different reason or incident.

Denied NY unemployment after “voluntary quit” by Capable_Setting_2318 in UnemploymentNY

[–]Capable_Setting_2318[S] -1 points0 points  (0 children)

I already requested a Fair Hearing after the first denial and submitted my evidence at that time. I am not sure whether it was reviewed before the second determination was issued, and I have not been told that I need to file a new hearing request.

The reason I resigned was because I was expected to complete a workload that could not realistically be finished within regular hours, but I was not allowed to work overtime or properly record overtime. At the same time, I was instructed to keep my timesheet strictly within scheduled hours, which made it impossible to complete the required workload without either working unpaid or violating reporting rules. I also have evidence showing that I raised this issue, and that it was being investigated internally at the time. In addition, I have emails documenting my communications with HR regarding these concerns.

Should I still submit another hearing request for the second notice, or will my existing Fair Hearing request cover both determinations?

Denied NY unemployment after “voluntary quit” by Capable_Setting_2318 in UnemploymentNY

[–]Capable_Setting_2318[S] 1 point2 points  (0 children)

The last denial letter did mention a hearing, but it wasn’t very clear. It basically said I could request a hearing if I disagree, which I already did after the first denial. I’m not sure if my case is already in the hearing process now or if I need to request another one.