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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 Anonymous
(California / 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.

Comments for 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?

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Nov 29, 2018
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Denied for Not asking for a transfer
by: Anonymous

I not eligible because i didn’t ask for a transfer. Is there anything I can do ? What happened a if I appeal ? I didn’t ask for a transfer because the didn’t have any distributions in that area. Besides that we didn’t have people in the Hr department. They were all on leave and never came back. The people that were there weren’t so useful. I had to fight for my raise for months. Because the people that were "guiding" Hr when the rest was on leave couldn’t answer any question but they were there !




Hi,

So let me see if I get the basic details about your unemployment claim.

You voluntarily quit your job, for a reason you didn't provide here, but the California EDD said in their initial determination you had quit without good cause because you didn't first try to preserve your job by asking the employer for a transfer. And you didn't do that because you either knew your employer didn't have a distribution center in the area you were moving to, and therefore didn't see the benefit of requesting a transfer.

But even had the employer had a location you could of transferred to your efforts would of been to no avail, because all the HR people were on leave, and those left to work/guide the HR department couldn't answer any questions, let alone your own question to them, specific to how you could fill out a transfer form .. just so you could show you did that, to the EDD in the event they asked that question during your phone interview?

How'd I do. What point did I miss making.

When an employer has a transfer policy for it's employees, it's never wise to ignore that policy, regardless of what you think the result of asking for a transfer might be. It's the request, which may not go anywhere due to the employer, that becomes an employee effort, that shows to the EDD a claimant was desirous of retaining their job .. and therefore exhausted alternatives to keep working for an employer .. before quitting.

I think you may benefit from reading about investigating reasonable alternatives prior to quitting a job from the horse's mouth .. at the California UIBDG.


May 03, 2017
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For "Should I Appeal Case"
by: Chris - Unemployment-Tips.com

Well I can't really say if I think you stand a chance of winning. But if I'm reading the situation correctly .. it sounds like you quit due to a schedule change that took place two years ago "I did attempt to correct the situation 2 years prior".

That could be troublesome, to say the least.

But then you went and mentioned something about the integrity of your job .. which leaves no room to even assume what you mean by that.

What do I think you should do? Well that's easy. I would go ahead and appeal the denial, making certain it's a timely appeal, just so I didn't give up my right to appeal. And then, while waiting for the appeaql acknowledgement before a hearing is even scheduled, I would submit a request to for a referral to a hearing rep in California so I could at least, have a professional do a free case evaluation to find out if/why I stood a chance.

Chris

May 03, 2017
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Should I appeal case
by: Anonymous

I voluntarily quit because my hours changed from what was agreed upon. Prior to my resignation I did advise my supervisor if my schedule did not change I would quit. She did not change my schedule. I did attempt to correct the situation 2 years prior which is when my new availability was determined but then it was changed back to what is originally that is why I quit along with a much more stressful environment which involved the integrity of my job that my boss was aware of but would say to me do it but she dos not know about it. Which obviously was to cover herself. The only conversation we had after I resigned was what I was going to say in my exit interview.

I filed for unemployment but was denied because of code 1256

Do I stand a chance of winning an appeal? I feel that I did give her options.

Please advise what you would do.

Jul 07, 2015
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Sure I have tips
by: Chris - Unemployment-Tips.com

And even some about unemployment hearings

Jul 07, 2015
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Awarded Custody
by: Anonymous

Had a great job. Child Protective services were going to place my minor child in foster care and charge me with neglect if I did not emergency ex parte custody from Mother. I have 100% custody. Could not fulfill employer equirements. Resigned. Filed. Denied under 1253c. Filing for appeal under 1256, good cause to protect family member from imminent danger. Any tips for hearing?

Apr 13, 2014
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Denied unemployment because I retired from civil service after 20 years can anyone give any advise on what to do at my appeal
by: Anonymous

I retired after 20 years of civil service and I was denied my unemployment benefits because they said, that i voluntary quit my job. can any one please give any advise for my appeal hearing.




Well, I can tell you what I think of your chances of winning an appeal.

Voluntary retirement is a voluntary quit without good cause because it is usually your choice to retire. So, if this is your case, I think the denial is correct and your appeal is futile and there is nothing I can tell you to change the outcome.

There are states that may find a person eligible when retirement is compulsory, but one may still not be able to collect benefits, even if approved, if receiving retirement pay which resulted from contributions being made by a base period employer and the retirement pay exceesa the weekly benefit amount established by the first, or monetary determination of benefits.

There is a chart that list the states where compulsory retirement may be subject to a provision in law allowing for benefits in the state unemployment law comparison charts.


Chris

Mar 08, 2013
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i have a question to that
by: tony

I am in the same situation. I would be qualifying for 400 a week, but they denied me. EDD told me if I made $1995 I could reopen my unemployment claim. But when I do reopen, do I still get 400/weekly, or will I only get what ever I made in the job I got fired from, which is $1995? Please help me.



Hi Tony,


I have no idea if I can help you Tony, but thanks for reminding me I've been meaning to write something on the order of how disqualifications work .. which of course, varies by state.

As to whether you have to serve and/or purge, your particular .. DQ

California's typical DQ (disqualification), whether for a voluntary quit without good cause, or a discharge for misconduct is that you must return to work and earn 5 x your weekly benefits amount before you're able to even TRY to requalify. Only other option is to appeal a denial of benefits .. and of course win the ALJ hearing.

As long as it's the same claim, same benefit year, it's doubtful any WBA is going to be reduced from what you were originally awarded .. in the award letter.

However .. the wages you earned that allowed you to purge the DQ are not a part of base period wages attached to your claim. But they could be if you ever qualify for a second benefit year, so although you purged the original DQ .. you still have to qualify non-monetarily with regard to the LAST separation from employment .. to actually collect .. or it might be safer to say .. never have to repay any of the benefits if that last employer ever does wind up as an employer in a new claim and base period.

Questions?

Chris

Sep 26, 2011
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PLEASE HELP! ASAP!
by: Anonymous

I was working two jobs, part and full time. I lost my full time job due to laid off in 2009 and still working at this part time for 11-yrs ( was on unemployment benefits from full time job lost in 09, getting $22 a week because I have income from pt). My part time was an extra income on the side to help support my family. I have tried looking for another full time work during that time. I was under a lot of stress due to a long 2 1/2-yrs of trying to look for a job (the town I live in was very small and the unemployment rate was very high), I still couldn't find work, so I decided to relocate (to live with family because I can't afford to live on my own with the part time job),to a bigger city and more opportunities for me. I left my part time job because it wasnt enough income to pay my bills and support my family. After I moved, I filed for unemployment benefits but my claim was denied because it fall under Bona Fide Employment. It said: You are not eligible to receive benefits under Ca employment insurance code section 1256 beginning 8/28/11 and continuing until you return to work after the disqualifying act and earn $860 or more in Bona Fide Employment, and you contact the above office to reopen your claim.

Can I file for an appeal? What should I say on my appeal letter to win the case? If I do file, do I have a good chance?




Please read about unemployment appeals.

I believe I have a sample appeal letter and a few suggestions on that page which should work to make your appeal letter the only thing I know it has to be .. timely.

Sep 07, 2011
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NEED ADVICE
by: Anonymous

I had a question after reading these posts. I am currently in the same situation. However, i have already made the amount of money that is necessary to reopen my claim based off of section 1260A. So does that mean that I can skip appealing it through my old work (which I got fired for) and go forward with unemployment because of section 1260A?




Hi,
Certainly, if you separated under qualifying conditions from the subsequent employment in which you earned the amount required to purge any former disqualification.

Chris

Jun 22, 2011
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HELP - need quick response! Please
by: Anonymous

I have a similar situation and a similar initial determination. Small company, owner and boss is the one causing the hostile work environment. I personally asked her to stop her behavior and went to one more upper management person who brought her behavior to the table to request change for the whole office (issue was not just with me). The owner/boss did nothing to change her behavior. Now they denied my claim for quitting because of hostile work environment and they say I must "return to work after the disqualifying act and earn $2250 or more in bona fide employment and contact the office to reopen the claim". What the heck is this last part about? If I had bona fide employment I would not be asking for unemployment. Also, many employees experienced the same hostile and abusive behavior but everyone is scared to say anything because they are scared of their jobs.



You have two choices.

You either appeal the determination denying benefits and put on the best show possible to get benefits .. or you choose to do the last part of what that determination says you must do to be eligible for benefits .. if you happen to suffer from another separation from a job.

Simply put, to be eligible based upon the wages your current claim is based on .. you would have to go find another job and earn at minimum 5 times your weekly benefit amount before this current disqualification is overlooked .. in case you have a "qualifying separation from a job in the future.

Hmmmm ..... Maybe it doesn't sound so simple, but it really is .. it means before you can collect benefits .. in the future during this benefit year ... you have to go back to work.

Which after all is what the unemployment dept. really wants .. for everyone to find a job, go back to work and not to become reliant on benefits .. as a way of life.

Personally, I would appeal because you did make efforts and there really was no where higher to go.

Of course what I don't know is if what you call "hostile" will be considered "hostile enough" to cause another reasonable person enduring the same .. to also quit.

That's the standard used .. "the reasonable person standard".




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