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My employer cut my hours when I returned from maternity leave and I was denied unemployment for quitting without good cause. Should I appeal?

by Caroline
(Los Angeles,CA)

I was on maternity leave called my boss for my schedule and he said the buisness is slow and he is keeping the temp and can only give me 8hrs a week. I did not accept that offer and filed for umemplyment. I was denied saying it was not a drastic cut from my full time hrs and or misconduct. There is no misconduct and i worked 34-36 hrs a wk before i left. I want to appeal but i don't know if it's worth it. Also will my former boss be at the hearing for appeal? Oviously from the phone interview edd believed my former boss.What do you think do i have a chance of fixing this by calling him a lier. It's my word against his about the hours he offered me, there is no written or signed papers.




Yes,

It's worth the appeal .. especially if you have paystubs or subpoena payroll records to prove the substantial change in working conditions .. not to mention that if you were on FMLA the employer may be in violation of FMLA and you should talk to an attorney about that as well.

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Mar 15, 2010
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by: Caroline

Would i still have a case if i declined working those few hours 12 or less hrs a week(quitting). I do have pay stubs that show my hours were no where near 12 a wk. Will my employer be present for the first appeal?


Caroline,

Yes you would have a chance .. you would argue that it was a substantial change in the conditions of employment that gave you good cause to quit as any reasonable person would who expected to return to the same job she had before going out on maternity leave.

The issue should be addressed in the benefiter determination guide on the California website .. and I just happen to think it is a very important and useful resource for preparing for an unemployment hearing or even applying for benefits, which is why I link to it here.

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