Well, I can cross that company off my list.

Many of us did that a long time ago for many other reasons.

Too bad, kaths that your daughter got involved with them in the first place. What a terrible experience it's been for her. I hope she can find a more substantive career direction amid all that's going and afterwards besides working in restaurants.

Granting or denying unemployment benefits is the decision of the state she worked in, not the employer. The state takes the information provided by both the employer and the claimant and makes the decision based on the state’s laws.

Is the employer furnishing information that would insure the claims were denied?

What was the reason for denial? To my understanding (at least here in WA state), the only valid reasons for employer denial of an unemployment claim is if fired for cause or if the employee quit voluntarily.

And given the current conditions, most unemployment offices are taking a broader view on any unemployment claims and granting a much wider leeway.

The Governor's order to cease all restaurant operations automatically qualifies all applicants of said industry. Unless KY is an unusual state.

I imagine you would still have to meet the requisite amount of time at the job to qualify. How long was she employed there?

It may be that the employer protested the claim because of wanting to keep their unemployment insurance rate from increasing. That was the way it used to work, anyway. IIRC, a protest from the employer only delayed the ex-employee from collecting benefits so long as it was a legitimate claim. Obviously, in the case of OP's daughter, the claim is legit.

My son just filed--he's in service industry, too, so I will be seeing how this shakes out for him in near future.

I agree that Cheesecake Factory, the employer, does not have the power to deny a claim.

Sh*tty. No other way to put it.

Basically, they are trying to not pay out of THEIR account but the STATE account. She should still get unemployment it just may not be charged against Cheesecake Factory. I worked in HR and except for when we did a layoff, we ALWAYS protested unemployment claims.

The governor has stated repeatedly that Ky has waived the wait period and for everyone to sign up. Cheesecake is the one who denied the claim.

Your past employer doesn't have the right to "deny" you benefits. This decision is up to the state agency, not the employer. An employer that wants to fight your claim for benefits must prove to the agency that you don't meet the eligibility requirements. For example, the employer might argue that you earned less than you claimed, and so you don't meet the state earnings requirements. Or, an employer might claim that you walked off the job without good cause, rather than being laid off as you claimed in your application for benefits.

If your former employer contests your claim and contradicts what you put on your application, you should have an opportunity to give your side of the story. Typically, the state agency will hold a hearing, in person or by phone, to resolve the issue.

I would hope the sheriff is at the door of every Hobby Lobby in the morning shutting them down. They are a health threat to the communities they serve.

Congregants of certain denominations talk that way because their clergy talks that way. What's scarier to me is that the phonies and charlatans that act as "ministers" in those certain denominations (and we all know which they are) spew nonsense that people accept without giving thought to how ridiculous and improbable it is.

"Belief" is not a substitute for common sense and rational thinking. As I've said before, I'd burn my last dollar with a match before spending it at companies like this who blindly follow extreme and exclusionary tenets that they think are consistent with what "their deity" tells them. But that everyone rational realizes is completely made up and phony.

She needs to look at the reason she was declined. It used to be it could be fought but it had to be something that could be fought.

As an example I was told I was fired and left. The company stated I had walked off the job. There was no way to fight that because I was called into the office and there were no witnesses. Things like not doing her job could be fought especially if she had commendations or even recent increases in pay. Some states used to have a period of time where even with a denial you could draw unemployment. Good luck to her.

Maifleur, they were laid off because the restaurant was shut down due to the coronavirus. They are only open to curb side take out right now. No need for servers.

The Governor's order to cease all restaurant operations automatically qualifies all applicants of said industry. Unless KY is an unusual state.

Governors, including Kentucky's have waived the wait period to sign up and also the mandatory job search requirements. You still have to meet the general eligibility criteria to to actually collect benefits.

To qualify for benefits in Kentucky, you must meet all four of the following requirements:

• You must have earned at least $750 in one quarter of the base period.
• You must have earned at least $750 outside of your highest paid quarter of the base period (that is, in the other three quarters).
• In the entire base period, you must have earned at least 1.5 times your wages in the highest paid quarter of the base period.
• Your wages in the last two quarters of the base period must be at least eight times your weekly benefit amount.

https://www.nolo.com/legal-encyclopedia/collecting-unemployment-benefits-kentucky.html

You still have to meet the general eligibility criteria to to actually collect benefits.

In general yes, but the discussion concerned her daughter.

And since her daughter meets the requirements she can't be denied.

Michael - We don't really know if she meets the requirements. Length of employment. Earnings. How much was paid into the system. Don't you understand the requirements listed? You cannot just work for a couple months out of the year at a minimum wage job and expect to go on unemployment. Her work history matters and we don't know what that is.

Base periods are for the first 4 of the last five complete quarters of the calendar year. So her eligibility for unemployment would be based on her earnings from Oct, 1, 2018 through Sept. 30th of 2019. You need 4 preceding quarters before the last complete one which would have been Oct through Dec. of 2019. The first quarter of this year is not over until March 31st so this year doesn't count toward her being eligible unless she was employed with enough earnings in those prior months. Not necessarily at the Cheesecake Factory. Anywhere.

Kathsgrdn, IIRC, doesn't your daughter work two different jobs? If so, that may be at the root of the problem. I have no idea how that would be handled regarding filing for unemployment. Anyone else know?

She did. I don't remember when she started at Cheesecake. I'll have to ask her. I haven't filed for unemployment since my early 20s in a different state so I had no idea it was based on earnings so far in the past.

RE Hobby Lobby: the letter in question, posted on Reddit, did not say anything about keeping the stores open or that his wife had a "vision" or that the employees would be protected by G-d if they came to work. It did talk about the importance of prayer in this time, his wife praying, and what she felt was her takeaway from her prayers: "we serve a G-d who will guide us through this storm, who will guard us we travel to places never seen before, and who, as a result of this experience, will groom us to be better than we could ever have thought possible before now". This is typical Christian reassurance of trust in G-d in all things - found throughout the New Testament. You can find it and read it for yourself instead of reading only the interpretation given by sites like pinknews and gailygrind.

raee, you and everyone else are entitled to have your own Private feelings and beliefs. Also, to have no beliefs. The key word for me is Private. Only some Christian denominations think it's their right to incessantly express their beliefs publicly and impose them on others. That was what I was referring to. When such expressions find their way into the general public, people are justified in speaking up to refute them.

I saw a letter too and I was horrified to see such language in a business communication going to what I'll assume to be an diverse employee base that must include thousands of people not sharing the owners' beliefs and indeed thousands with no beliefs at all. Unless they have discriminatory hiring practices focused on hiring like minded people, which I wouldn't be surprised to learn about.

Professing having received a direct communication from a deity of any kind is not something most people will find to be possible, likely or true. But these folks talk that way too. So in their faith, I guess one can make up whatever they want, say it's something other than it is, and people believe it?

I sought out the Hobby Lobby letter, too, Raee. I read it this morning & completely agree with you. A lot of gross misreporting & distortion. Which is nothing new & is the reason I try to go back to the real source and learn what was actually written or said.

I grew up hearing my dad tell us to 'believe nothing you hear and only half of what you read'. I'm sure that if Dad was still alive, he would revise the 'what you read' percentage downward.

I saw the letter, I know how much David Green is worth (billions!), so telling his employees that there may be some ‘belt tightening’ is kinda amusing. I also know that every other store in the shopping center where HL is is closed. Yes, HL is open today, til 8.

Hypocrisy? How could it be?

Their deity told them it was okay.

I read the letter too. I am not religious in the same sense as most Christians but I saw nothing in it other than trying to be uplifting to their employees, many who share their beliefs. Tolerance is a two way street. The activist alphabet soup group promoting their hatred of Hobby Lobby doesn't help their cause. I feel bad for who it does hurt, the LBGT who just go about living their lives like everyone else. The majority who are hurt by these cray-cray intolerant activists.

I also know that every other store in the shopping center where HL is is closed. Yes, HL is open today, til 8.

I though we were supposed to be sheltering in place. I have felt no need, no reason to cruise shopping center parking lots to see what's shut & what's not. Have all the JoAnn's & Michael's closed down? I don't know.

And if we're concerned about the health of Hobby Lobby employees, shouldn't we also be concerned about other retail employees at the stores that remain open for business? Like Wal-Mart, Kroger, Aldi, Albertson's, Home Depot, Lowe's, Menard's, Ace, Fleet Farm, all the quick shops & gas stations....??? Or the 100,000 new warehouse employees that Amazon is purportedly wanting to hire? Like, can't Jeff Bezos just downsize or shutter his operation for the duration?

"Like, can't Jeff Bezos just downsize or shutter his operation for the duration?"

Ordering online and getting goods delivered (without any contact with the delivery person) is the way a lot of folks are getting needed items without leaving their homes. And, just a guess here, I think that the warehouse workers can maintain social distancing while getting their jobs done.

I think that the warehouse workers can maintain social distancing while getting their jobs done.

I hope so. But in a busy warehouse environment with people constantly on the move? I can imagine that the air you occupy right now is the same air another worker was occupying a handful of seconds ago.

And with a physically demanding & stressful job--and perhaps even long hours?-- Has to take a toll on their health & perhaps make them more vulnerable to & less well-equipped to survive the virus if they are exposed.

Kathsgarden, did your daughter re-apply for unemployment? Is she still working her second job? Did she consider working for one of the grocery stores? Sorry if I've forgotten the answer to that one and I'm sorry if I'm asking too many personal questions.

And finally, how are you feeling? I'm glad you were finally able to stay home; I would have thought they'd want you outta there asap, as soon as you felt symptoms.