By Payroll and Entitlements Editorial Staff
The claimant, a health technician, completed a four-week certified nursing assistant program at a local community college. He asked his employer to arrange alternate hours or a new position in order to accommodate his school schedule but the employer said it could not accommodate his request. As a result, the claimant resigned from his position. The claimant appealed the subsequent denial of benefits, claiming he was eligible under the “returning to approved training” exception. He erroneously relied on an exception to the rule requiring a claimant to seek work and remain available to work. What the claimant should have sought, said the court, was an exception to a voluntary leaving disqualification. However, even if the claimant had raised the correct statutory authority, he would not be eligible for benefits under the applicable exception because he did not adhere to the Workforce Innovation and Opportunity Act provisions requiring a determination that the training was appropriate prior to qualifying for it. Because the Commission had determined that the claimant was not eligible for benefits, its decision was affirmed (Jesse Gerber v. DWS, Wyo. Sup. Ct., No. S-19-0225, July 13, 2020).
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