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I went from f/t staff to per diem because of changed hours

by Tish
(Torr, California)

I went from a full time staff nurse to per diem (as needed) by the company. At the time I changed my status, I was told by the clinic manager that she would use me the whole month of October and that the only way I could work 2nd shift was to go per diem.

I could no longer work the first shift due to childcare issues but the hours were changed from 7-4 to 6:45 which was impossible for me due to the childcare facility opening up at 6:45. In lieu of quitting I went per diem with the reasonable expectation that I would have work. The clinic manager assured me that there was plenty of work and I had worked per diem be fore for over a year and always had work.

Her manager came to the clinic and reassigned her, cut all per diem employees, and made drastic changes right after I went per diem. I no longer had any work. I emailed her, asked for work etc. but was told sign ins were too low (not enough patients).

The company appealed and told the EDD interviewer I quit and went independent contract and then proceeded to add that I had a sub standard performance appraisal and that I was counseled on patient complaints. I have NEVER even had a performance appraisal in the 3 years that I worked for the employer. I did not ever see any. I was told of a patient complaint about me. However 25-50% of patients complain about someone all the time, and it was a casual conversation between me and
my manager. Never anything in writing and per my manager nothing to worry about.

SOOO...long story short, I always call to ask for work. They have had massive reorganization and firings and continue to not have work available.

Should I appeal if the decision does not go my way?

I had an interview with the EDD person and before he even heard my side of the story, he said "he knows exactly what happened"! What's up with that?????

Hi Tish,

Ahhhhh, the health care industry.

Should you appeal if they deny your unemployment benefits? Abso*******lutely!!

You had childcare issues created by a change the employer made, you didn't quit, you adjusted and made the attempt to preserve the employment. They told you you would have to go per diem, but whether you're per diem or not, I'm sure it is still "covered employment" because you are still an employee who has to follow instructions.

The employer needs to decide whether they think you quit or were fired. To tell the state you quit and mention poor performance is just plain stupid. It sounds like they are grasping at straws.

Now for the EDD guy (adjudicator, claims rep or whatever CA calls them). How'd he sound? Sympathetic? Condescending? Apathetic? Doesn't matter.

These guys make mistakes and a lot of them have a difficult time keeping their own biases out of the equation. Biases that can go either way.

Just keep calling in for work. My guess is it'll go your way and it will be the employer who will appeal.

Keep us posted. It really will help someone else.

Good Luck,


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