My employer says I resigned, but they went out of business and I was left without a job and they denied my unemployment. How can I win the appeal in the state of California?
(San Diego, CA, USA)
I had a family emergency and had to go home to Hawaii to assist with this. I brought this to my General Manager's attention. I was thinking of taking a leave of absence. He told me he was going to speak with the VP of the company to see what could be done since we had locations in Hawaii. He got back to me and told me that the VP contacted the GM of Hawaii and told him to allow me to work there at whatever capacity. I was informed that the VP was giving the GM of Hawaii authority over any payroll issues to allow me to work since I had an outstanding reputation and was an asset to the company. HR was no where involved in this transaction. I was informed that I did not have to fill out any paperwork because the only that would change was that I would be paid off of Hawaii's payroll instead of San Diego's. The company did this often as far as using employees at different locations and whichever location they worked at it would come off of that locations payroll. It was very clear this was a temporary solution so that I didn't have to take a leave without pay and that I would return to San Diego's location. I spoke directly with the GM of Hawaii, he was very excited to have me on board and told me to take a couple weeks to deal with the family and when I was ready to come on board. Well about two weeks after I got to Hawaii the company announced that they were closing most locations Hawaii and San Diego included and I was left stranded without a job
and then denied my unemployment because HR stated to CA EDD that I resigned. I do not have anything stating that we had an agreement, but I had no reason not to believe them. The only evidence that I have is that I was still paying my rent in San Diego as I was definitely coming back and never would have just left job especially the way the economy is. I would have taken a short leave of absence, got laid off since they closed down anyway and would have been able to collect Unemployment. Please Help!
Where and when did you receive your final paycheck?
Lacking documentation the only thing you have is your testimony. Will the employer be able to provide a resignation letter?
Here's what I suggest your appeal leterr contain.
A brief, accurate account of the series of conversations that led to where you are now. It is important to name names .. I'm talking about the GM and the VP and the GM in Hawaii.
At that hearing, you'll just have to tell it like it was since you took these guys word that everything was okay as is. Your testimony of course will be dealing with your conversations with these people. If HR was not involved they may have difficulty rebutting your testimony.
If I were talking to the employer, I would explain to them the importance of having these people as witnesses.
Any chance at least one of these people might testify on your behalf or even provide an affadavit?
By the way, lots of companies protest transfers as resignations .. why? because some non HR Bozo GM or VP didn't follow policy which generally requires paperwork submitted through HR.