State of California. I filed for unemployment benefits but my claim was denied because I quit my job under unusual circumstances. Can I appeal this denial?

by Jeffry
(Nevada)

I quit my job at a Credit Union because I had to file for bankruptcy in California. My employer was carrying $50,000.00 of the debt that was eventually discharged in the bankruptcy. I was employed by this company for 29 years and I quit my job before I filed for bankruptcy. Some of my co-workers were aware of my predicament and made comments such as "how can you come to work everyday and accept a paycheck from the same company that will have to discharge all that debt?". This caused me much stress and deep depression. I also surrendered my home in the bankruptcy and was left homeless and eventually moved to Nevada. When I filed my unemployment claim I stated that "I had to file for bankruptcy and some of my loans that were discharged were with my employer which caused it to be a hostile environment." A phone interview was scheduled and I explained to EDD the situation as I did above. I recieved a determination in the mail 14 days later. It stated "You are not eligible to receive benefits under California unemployment insurance code 1256 beginning 09/21/08 and continuing until you return to work after the disqualifying act and earn $1995.00 or more in bona fide employment, and you contact the above office to reopen your claim.
you quit your last job with (employer's name here). you have not shown that the quit was necessary or that you had explored all reasonable options before quitting. After considering available information, the department finds that you do not meet the legal requirements for payment of benefits. Section 1256 provides - an individual is disqualified if the department finds he voluntarily quit his most recent work without good cause or was discharged for misconduct from his recent work. Section 1260A provides - an individual disqualified under section 1256 is disqualified until he/she, subsequent to the disqualifying act, performs services in bona fide employment for which he/she receives remuneration equal to or in excess of five times his or her weekly benefit amount." How can I successfully appeal this determination?



Jeffry,

Of course you can appeal. Let me tell you something about unemployment.

THE INITIAL DETERMINATIONS ARE OFTEN WRONG.

A hearing is most often a much better venue for the disclosure of all the relevant facts. It involves both parties at the same time. Questions are asked and answered, and it is all directed by an ALJ who's heard it all.

A hostile work environment is often best suited to a hearing....because your appeal letter is going to name those who created it. If you spoke to anyone to try to get them to stop (this is important Jeffry) you are going to name them.

Your testimony will be direct or first-hand testimony, you name the people that were harassing you because if the employer doesn't bring them to the hearing....they can only rebut your testimony with hearsay which is basically worth squat when it's all that's offered to refute direct testimony.

All of this though, will depend on what you did Jeffry. Did you speak to management? Because if you didn't provide the employer an opportunity to tell those co-workers to put a sock in it...that's what they'll say.........and that could be all there is to it.