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Voluntary Quitting and unemployment - Kiki


Posted: Jul 18, 2011

Found the following info googling about unemployment and quitting for "good cause." 

Apparently, you CAN quit for good cause and receive unemployment.  Below is an excerpt of the reasons that have to be true in order to do this.  I think we have EVERY one of these covered (except for #1).  Alas, how do we PROVE it? 

"Title 22, Section 1256-23(c) provides the employer's requirements are unreasonable under any of the following circumstances:

  1. The claimant is required to perform duties beyond his or her physical ability or skills. 
  2. The duties required impose an undue risk of injury or illness upon the claimant. 
  3. The required duties would be demeaning to the claimant in view of the occupation and status of the claimant.
  4. The employer's requirements are intended to abuse or harass the claimant.
  5. The primary duties assigned to the claimant entitle the claimant to a higher wage but the employer pays a lower wage level.
  6. The primary duties assigned to the claimant are for work on a substantially lower skill and status level than the claimant's usual work.
  7. The claimant reasonably objects to the employer's requirements on moral grounds.
  8. The employer's requirements will substantially increase the claimant's workload.
  9. The primary duties assigned to the claimant could cause a loss of proficiency in the skills of the claimant's usual occupation. "

Wow! - Zville MT

[ In Reply To ..]
We could all quit based on number 5 alone!

All apply but #6 - sm

[ In Reply To ..]
I'd say that all apply but #6. I'm not sure how the unemployment process works and what constitutes proof, but perhaps just giving an account of how the company operates is sufficient?

1. The claimant is required to perform duties beyond his or her physical ability or skills.

99% quality requirement impossible to maintain without falling below mininum count requirements and thus putting one's job at risk.

2. The duties required impose an undue risk of injury or illness upon the claimant.

Repetitive editing with poor-quality speech rec, poor-quality voice, poor-quality dictators certainly places one at increased risk for mental illness if not physical injury.

3. The required duties would be demeaning to the claimant in view of the occupation and status of the claimant.

The replacement of transcription with speech rec, discouraging thought and turning the MT into a minimum-wage robot, meets the definition of demeaning.

4. The employer's requirements are intended to abuse or harass the claimant.

Being forced to work on 20 different accounts, adhere to contradicatory account specs, the use of QA as a tool of fear, penalization for blanks, all forms of abuse.

5. The primary duties assigned to the claimant entitle the claimant to a higher wage but the employer pays a lower wage level.

Don't think you're going to find any arguments against this one.

6. The primary duties assigned to the claimant are for work on a substantially lower skill and status level than the claimant's usual work.

This is the only one I find inapplicable. In fact, just the opposite is true. The work that makes less use of our skills (i.e., the easy jobs) are sent overseas while most of us are left with the cesspool.

7. The claimant reasonably objects to the employer's requirements on moral grounds.

Putting patients at risk for the sake of bigger executive bonuses is morally repugnant. Note that the responsibility for this lies with those benefitting from the cost-cutting measures. Hint: Not the MTs.

8. The employer's requirements will substantially increase the claimant's workload.

This one is less clear-cut. Many have NJA, but those with work have had their workload significantly increased with the abysmal quality of speech rec and the need to make up lost pay due to the cuts.

9. The primary duties assigned to the claimant could cause a loss of proficiency in the skills of the claimant's usual occupation.

No opportunity to keep skills up to par when we're being replaced by computers.

Number 6 is right on. - CA-MT

[ In Reply To ..]
We have been asked to update the ADT on our own time, i.e. do not get paid to do it, yet can be held responsible for it for reasons of HIPAA, and can even lose our jobs. The ADT was originally set up to be done by someone other than the MT, but MQ got rid of that job years ago. Now we are expected to do it. We only get paid for lines, yet are increasingly being asked to spend time in training sessions, conferences, which used to be paid for. JMHO

NYS prevailing wage must see - sm - bbb

[ In Reply To ..]
see below - MT prevailing wage NYS $32,465.00 annually.

I'm filing !!!


Effective Date: 8/27/2010

Unemployment Insurance Prevailing Wage
(For UI Purposes ONLY)

Region = Capital District and search term = medical transcriptionist
Region SOC Code SOC Title SOC Description UI Prevailing Wage UI Cutoff Wage Annual Wage
Capital District 31-9094 Medical Transcriptionists Use transcribing machines with headset and foot pedal to listen to recordings by physicians and other healthcare professionals dictating a variety of medical reports, such as emergency room visits, diagnostic imaging studies, operations, chart reviews, and final summaries. Transcribe dictated reports and translate medical jargon and abbreviations into their expanded forms. Edit as necessary and return reports in either printed or electronic form to the dictator for review and signature, or correction. $15.60 $14.04 $32,465.00


This page was last modified on 8/27/2010.

I don't get it. Does that mean that if you make at - Kiki

[ In Reply To ..]
least $32,465 per year you can't file? What if you used to make 42 and now only make 32? No luck. What state is this for? Maybe it's different in CA.

Who makes more that 32K anymore ? !! sm - bbb

[ In Reply To ..]
This was prevailing annual rate for New York as their definition for MTs.
I have been so depressed realizing from my paystubs that as FULL-TIME I would make around $19-20,000 this year (recognized as POVERTY level). Used to to make in the $30s. Now with this new PAY CUT, looks like my annual salary will be somewhere between $16-17,000 annually. Who can live on this annually? My school taxes alone are over $6,000 per year, so this is more than 50% of my take home pay? Add on the "NEW" health ins. w/ $6000/12,000 deductibles (might as well not have insurance) and there's nothing left. I'm going to social services soon to see what I qualify for -- food stamps, heating assistance, etc. and hopefully some partial unemployment. sorry this is so long -- just so DISCOURAGED AND DEPRESSED.
I just dont get this partial unemployment thing - please explain
[ In Reply To ..]
So, you work 40 hours each week and when you call unemployment to file a claim, you say "I worked 40 hours but I want unemployment?" I thought if you worked your hours, you are out of luck. However, if you run out of work you can apply but I heard they frown on that for whatever reason.

When my husband worked in construction, they would tell him that there is no work lined up for next week so go ahead and file for unemployment and that was that, but for whatever reason, the MTSOs freak out if you apply when they have no work, saying "You have ample time to make up your work," like it is our fault they overstaff and then we run out.

So, anyway, back to my original question, how do you go about getting that approved?


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