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Unemployment Appeal in California

by Heather
(California)

Hi Chris. You helped me significantly and I read everything you post each day, so I immediately thought of you when my children’s father was denied Unemployment. I would like to run everything by you and get your thoughts as I will be preparing his appeal for him.


First, the state is California. Details: My ex-husband, Chris, was unemployed for a period of time but did not utilize all of his extensions. He found a job and worked for nearly 4 months. During his 4 months of employment with his most recent employer, he was involved in two accidents. The first accident he rear ended another vehicle. He was warned that should he be involved in any additional accidents that he would be terminated as the company would no longer be allowed to have him driving a company truck, for Insurance reasons. Unfortunately, the following month, he was backing out of a customer’s drive-way and he accidently backed into a parked vehicle. He was immediately drug tested after both incidents so drugs and alcohol were not a factor. They were, just what they are called- ACCIDENTS!

During the phone interview with the Unemployment Development Department Chris provided all of the above information. The decision rendered was that he (Chris) was denied benefits for the following reason:

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 most recent work.

Chris did not quit but I cannot see how the department determined that having two accidents was misconduct. They were a lapse in judgment, at best. Misconduct would be a willful act which would cause significant damage or harm to the employer and neither of these occurred. They were simple accidents.

In addition, while Chris was waiting for the company’s determination as to whether or not he was going to be terminated he offered to
his Supervisor that he would not have a problem utilizing his own vehicle for work, trying to keep his job and preserve if, even if it meant using his own truck and then being responsible under his own vehicle insurance.

As I stated above, I am going to help Chris with his appeal. What thoughts do you have? Do you feel that I am correct in my above observations and do you feel that these are good grounds for appeal with a good chance of victory????

Thanks for your time Chris. I appreciate you and all your help.

Heather





Hi Heather :)

I hate to be a downer .. but two accidents in two months, both the fault of the driver .. not good .. especially the final one in which he backed up into a PARKED car.

But, in an attempt to think positive .. if I were you .. I'd first look at the employer's policy to make sure that they adhered to it themselves.

If they did, appeal anyway .. because you never know ..

If either of the accidents might have had some extenuating circumstances involved that can remove negligence on his part .. argue away.

See California MC 300 B

By the way, I don't think his offer to use his own truck is relevant. He would still be an employee doing a job for the employer and there would always be the possibility of liability to the employer if he were to get in another accident while on the job.

Let's say he injured someone in another "accident" .. in his own truck.

The injured party's attorney would only need to find out about the first two accidents and that to continue the employment the employer had to disregarded their own accident policy and let him drive his own truck instead .. to boot.

The employer would then be negligent as well and named in a lawsuit ..



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Nov 29, 2014
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Sorry, I think you're comparing apples to oranges about the actual misconduct
by: Chris

For me, and I believe I'm a reasonable person, there is a big difference between being over or, short on a drawer via a "mistake" and intentionally taking $200 from a deposit to pay an electrical bill.

I'm also having a hard time comprehending that Dollar General actually told the EDD they wanted you to be granted benefits .. just doesn't make sense.

What would make sense is that when their cost control company protested your claim, they sent along the signed admission of theft of $200 dollars from a drawer, or "deposit" to pay your electric bill.

And that is misconduct related to the work.

The only way you're going to win this appeal hearing is if the employer screws up their own case by not sustaining their assigned burden of proof misconduct was committed.

Nov 29, 2014
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double standards
by: Anonymous

I recently worked at Dollar general it would of been a year in Dec, started out as lead sales associate then quickly promoted to asst manager.

Policy and procedure for all sales assts, asst manager and manager is if your till is short or over $50, it's automatic fire.

Several empoyees have been short, or over on till and no one ever got fired.

Hard times fell on me financially, emotionally and physically.

I had 2 huge meltdowms at work. I'm not a crier. My manager kept cutting my hours, which is against corporate policy. I had asked to speak to him and the dm about the situation and they had no time.

I had first ever shut off notice on electric and took $200 from deposit, admitted my wrongdoing, got arrested and was fired.

The edd denied unemployment benefits. DG said grant. I'm appealing based on this standard should be same for everyone rather $50 or $200 since that's what policy says.

Can I win appeal?



Aug 29, 2013
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CA Unemployment voluntary quit...
by: Roygary

I have an EDD telephone interview soon. I quit my job for the following reasons: I was at work performing my regular duties when the owner came into my office screaming curse words at us. He began physically fighting and attacking the person in the office. He started smashing things in the office - very violent, very scary. I left fearing for my safety. And because of the escalation of violence. There is no where to be transferred.

Do I still need to show "good cause" that I tried to work things out?






It's possible you might be able to get benefits if you quit because you were made to fear for your safety by the person in charge of you.

It's basically, the same premise as being fired for misconduct got s reason which amounted to something so egregious that the employer has no choice, but to terminate employment immediately .. like physically assaulting a co-worker.

However, you may be missing my point I try to make, that it's when trying to prove what actually happened without any sort of follow up action on your part .. like calling the cops, or immediately contacting someone over this person's head about the incident (always preferably in a way that can produce documentation, that makes it just a story.

If it were just as easy as relating a story about what really happened, how many people could make up stories just to get the summer off .. if you get my drift.

So, read this.

If you read to the bottom, you will find a discussion relevant to your situation.

Feb 16, 2013
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unemployment
by: Anonymous

Hi
I worked in a hostile work environment, no lunch, no break etc.
I was employed for a little over a year.
When a supervisor was hired things improve,,
Suddenly the owner and my boss had a riff I was caught in the middle.
I never received a handbook or any sort of formal documentation or review other than the I9 and W4.
I was called into the bosses office unexpectedly and my hours were changed which made it impossible to keep my 3 yr old daughter in daycare. I was put on a ninety day warning after being told everyday how great I was. I tried to stay through the day but knew it was going to get worse and did not want to be forced out. I quit and was denied unemployment is there any luck in winning my appeal?



Hi,
From what you told me .. I'd say you'll need luck to win the appeal.

And the reason why ..

Although you offered me details about the work environment that made it sound like many others out there .. the final incident that led to your decision to just leave without trying to preserve the job was a voluntary quit in anticipation of discharge.

There are plenty of asked and answered questions on this issue and I'm sure some include a link to the California UIBDG which specifically discusses the differences between quit in lieu of termination and anticipation of being fired per how California UI law is interpreted.


There's also a search bar in the upper right of the right hand column.

Dec 30, 2011
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Hi Anonymous....
by: Anonymous

I definitely think that there is hope in your case. One thing that you need to think about is if there is an employee hndbook. if there is then you need to go through it with a fine tooth comb and see if anything is addressed regarding being absent and protocol in addition to if there is anything about WC. Start there becasue often times employers do not even follow their own procedures and if you can prove this it will benefit you. Perhaps you can e-mail me and if you live in a city close enough to me I may be able to assist you with your appeal for a minimal fee. Feel free to contact me as if you would like my assistance, I would be happy to help you. And we can go from there. Again, I think that I may be able to help you! Let me know!

And Chris, I have not forgotten about you. Have some things going on. I contacted the person you put me in contact with but he never called me back. Give me a call!




Heather,

I removed your email address .. ever heard of email scrapers:)

Also, I think I may need your number again .. I had to do some drastic deleting to make room for more .. oops!

Dec 29, 2011
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I NEED HELP A.S.A.P!!!! Please....
by: Anonymous

Hi Heather, I'm hoping maybe you can give me some insight. I live in California and I worked for this company for 5yrs. After 4yrs. I went on Workman's Comp for a work related injury. After 7mo. I returned to work w/o restrictions. During the time I worked for this company I had a lot of unexcused absences and was never given any warnings or reprimands. There was an off season and my work schedule was never consistent. I was always able to call, text to notify my employer of my absences. The last day I worked I had told my boss that their insurance company told me it was illegal to demote or fire me because I was out on WC. He said since I was gone for 7mo. I was basically starting over. I said that, that was discrimination and he laughed and told everyone. I was made fun of because I am white and claiming discrimination. I almost walked home from the job site which was 3.5hrs DRIVE from my town. After that day I didn't receive any more schedules. When I called no one answered. Almost 2mo. later I get a termination letter. I've been denied UI and have my appeal coming up very soon. I was supposedly discharged for misconduct. Unexcused absences and failure to properly notify them. Which is untrue. My boss lied and it is unfair. I am hoping you can tell me if this could help my defense. Using the 1256 code part which describes an employee with unexcused absences, no prior warnings or reprimands. It says basically that the employer condoned the behavior because he failed to give warnings or reprimands. So it would not be misconduct because seeing that the employer accepted the absences how was the employee supposed to know that doing it again would be considered a willful or wanton disregard for the employers interests. Any help or feedback would be appreciated greatly. Thank you for your time and consideration.

Dec 17, 2011
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LAST STAGE
by: Sid

I kind of didn't get ur response. I am planning on using the same brief with maybe a little more added. My question to u is, do I actually appear in court? Send off the info and the judge decides that way?. What's next basically?





Sid,

I can't tell you about procedures for real court Sid.

You either have to find an attorney to get legal advice or a self help legal resource for pro se litigants (maybe at your state bar website) because you're dealing with real court.

You're out of the realm of an "administrative agency" now .. and that means you're out of my realm of just information about getting unemployment benefits from the unemployment department.


Dec 08, 2011
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Final Final Stages of unemployment case Georgia
by: Sid

Chris, So I was able to speak to a lawyer that wasnt able to take my case at the moment but was more than willing to offer a little insight. She told me that I could file a petition to the Superior Courts myself and sent me the form to use and directions on how to do it. So today I did fortunately for me today was the last day before the judicial review expired so I got it in just in time. The clerk also gave me the information of the judge that will be handling my case. So now my question is what's next? I do still have the brief that David wrote so when should I send it to the judge or what do you think is the best way to go about this all by myself? I know you're not a lawyer but any suggestions would help. Thanks!




Why not with the appeal .. unless you're planning a new written argument?

Nov 18, 2011
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Final Stage in unemployment case GA
by: Sid

I'm finally able to see the.comment, thanks.for your always quick response Chris. I went to the website u suggested, sent my question and now just waiting for a response I guess. As far as the young attorney you were speaking of that could possibly do it pro bono, how can I locate someone??




I used to cold call law firms and ask if they had a Jr. associate. They are usually gung ho .. and they don't get as much per billable hour.

Nov 17, 2011
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Final Stage in Unemployment Case Georgia
by: Sid

Hey Chris, as I said I would keep you informed and I unfortunately lost the case. David's argument or "brief" was actually pretty good. He pointed out all the clear statements made on the record and points as to why the employer didn't have enough burden of proof for me to be denied unemployment benefits. However, the board still affirmed the Hearing Officers decision. I've spoken with David and he recommends I get a real lawyer now because I'd have to file a petition to the Supreme Court which he says legally he can't do. So now I'm stuck scrambling to locate a lawyer that specializes in unemployment but also one that's almost free. David said it wouldn't be hard to find one for not too much because he's pretty much done all the work. Even if I was to find a lawyer I don't have the money so I'm pretty much giving up. Thanks for all the info and I pray I never have to go through all this again.




Sid .. try free legal now .. they might take it if all the work's been done .. and if you don't qualify for free maybe a sliding fee scale .. or a young one offering pro bono.

Maybe it would be like a pin feather in their cap if they win.


Oct 26, 2011
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Written Argument to Board Of Appeals
by: Sidnica

Hey Chris, the rep you sent me to David, sent over a letter to the Board asking for the record and an extension to write a legit argument a little while ago. The extension was granted until Oct 31st!! David has read over the transcript and finds it hard to believe they denied me with the very limited nature of what they alleged meaning I guess he thinks I have a great chance of a reversal or " do over" whatever its called. Lol I just paid him via PayPal so I'm super ready for this to be done fairly and correctly! I'll keep you posted on results! Thanks again!



Hi there, took a while for this comment to show up for some reason:))

But now that it's here .. it's like I told you in my email .. David is one of the best unemployment reps I've ever come across.

When my brother's employer lied to the state .. It was David I had all lined up to rep my brother at a hearing.

Fortunately, his sister was able to direct him personally on how to get through the investigation and his employer never bothered to appeal .. because he lied to the state and we were able to prove this by faxing the adjudicator the reference letter from his employer .. singing his praises about my brother's work ethics.

Like they say, bada-bing-bada-boom

Chris

Oct 14, 2011
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severance pay paid to quitter? don't think so
by: LORRI

Main point I guess, why would he give me $5000.00 to quit. Our frigging laws have gone berserk. Somebody help us all, things are not looking good. At this point I don't think getting all the back pay would ease things, I am running up my credit, using $ from my 401k, somebody needs to pay damages for all this shit. Sorry again to bitch at you! And Heather, thanks for that thought. My neighbor works for the feds, approving and denying benefits for VA vets, agent orange victims, etc., she has helped me with "just the facts", so maybe you're right, present my info, and especially if he doesn't show up, don't give my pity party story, this is it, accept, or we go further. And, I will go on. Night!

Oct 14, 2011
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available & looking
by: Lorri

thanks you two, Heather, yes, available for work, Chris, no medical limitations now, and I am sending in my continuing claim forms. One other point, the day he called to inform me he was hiring someone to fill my position, he stated, "I am prepared to give you $5000.00 to help get you through this period of disability/unemployment". My husband was on the other line for this call and would definitely testify under oath what we both heard. Yesterday I called former employer's accounting office (that I have worked with for 23+ years, including sending them EDD checks monthly). They were blown away that EDD is denying my claim.
PS I did get the $5000.00, and on payroll info it was listed as "severance pay". You are helping me to remain hope in this, still have no notice re appeal hearing. Will call EDD Monday.

Oct 12, 2011
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thanks
by: Lorri

thanks, Chris, after 23 + years it kind of seems to me a precedent has been set in our rules & regulations, the employer manual has really not been enforced since we said adios to our consultant in 2006, I am working on witness testimony right now but also don't want to intimidate or piss anyone off at this stage of the game.



Lorri,

Heather makes a good point in her last comment. Are you able and available for work at this time?

Oct 12, 2011
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I am hopeful Lorri
by: Heather

Some additional thoughts include looking at different angles with regard to why they are denying you. Are you still on any form of medical leave? Are you available and able to work? Also, it has been my experience that even though you send additional documents with your request for an appeal hearing that they do not consider any of the information but they simply wait until you have your hearing. It is quite possible that you are going to walk into the hearing (fully prepared for anything of course) and hand the letter to the judge and case closed- benefits approved. As Chris has pointed out many of times which helped me tremendously, the employer is the moving party and the reason the employer had to let you was through no fault of your own.... Please let me know if you need anything else.

Oct 12, 2011
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continued
by: Lorri

I think EDD based their denial on the fact that I had not applied for a medical leave of absence. In our office, we were all good friends, always fully expected to return to work. In this case they (including myself, other co-workers, & my orthopedic surgeon) didn't have a definite return to work date. I had been out over the past 23+ years with various surgeries, unexpected hospitalizations, as did other employees, there was no question that we would not return to full time work. The difference this time was that another co-worker, one out of six of us, had surgery a week after mine, so understandably they were down on 2 people, whereas previously we would arrange to cover for a missing employee. If my appeal info including my former employers statement doesn't fix this, what can? Am researching legal cases re this. As far as my applying for a medical leave of absence, was it not up to my employer to have me sign something stating I understood they may not be able to hold my position for me, a piece of info I got while researching this. Thanks for your advice, both of you!



Hi Lorri,

Does your former employer have any information in an employee handbook .. namely a policy or procedure for requesting personal leave time?

FMLA is only available to employees of employer with 50 plus employees, but smaller employers still, often have a procedure in place for requesting personal leave.

One more thing to consider is that even when an employer does have a policy in place, but has basically ignored it themselves so long as to establish a new way of doing things .. leaves them wide open to being exposed as being willy nilly or arbitrary:) about their own enforcement of their rules and procedures.

Not a good thing for employers. When they make a rule for all employees .. then they should consistently follow their own rules so there is no confusion about the expectations they hold all employees to in a uniform way.

Chris

PS .. Details are important .. because sometimes, they expose alternative routes.

Oct 12, 2011
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Heather & Chris
by: Lorri

Hi both of you, I directed my last post to you Heather, because I knew you were in CA as I am, no offense Chris. My employer sent me a letter with all the appropriate info re: did not voluntarily quit the employ of my office, long time loyal employee, small business, etc. I sent it to EDD with my appeal letter. I had worked for him
for 23 years/1 month/14 days. Loved my job, was great at it. I had knee surgery April 14th, was going to be out for 2-10 weeks depending on my recovery period, small office and not knowing when I could return to work, my position needed help. They hired someone to fill my position after trying for 3+ weeks to find a temporary person to do my job. I was told if she did not work out, I would "have first dibs on the job". He said it was one of the hardest things he's had to do. No hard feelings with him, he is not contesting & fully expected me to get UI benefits.


None take Lorri .. Heather is sharp .. and I'm just one person swimming upstream here .. I appreciate all the knowledgeable help I can get.

I'm on a mission you know:)

Oct 12, 2011
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Chris knows best
by: Heather

I agree with you Chris and have learned through your detailed posts that everything that truly matters is in the first appeal hearing. After I won my appeal hearing my former employer tried to appeal to the board to get the decision reversed and I provided new evidence. Despite the fact that I had good cause for not presenting the evidence at the first hearing, the board did to even consider my new evidence. It was too bad also as my employer lied under oath and I had documents proving it but the board did not want to consider it although I could not have possibly supplied this evidence without knowing what lies the employer would actually tell.

I do not know Georgia so it is hard to speak to this situation but I do know that Chris has a plethora of knowledge that I do not. Definitely get the recording of the appeal hearing. This is helpful in looking for error. Do research and I would also be looking to see if you could find legal precedent regarding the EEOC matter or other errors???? Perhaps in the hearing they did not consider the possibility of retaliation and hopefully you submitted supporting documents showing that the probability of retaliation after going to the EEOC was present. I hope that you can find something to help you by doing some research. Good luck. : )



Hey Heather,

I just spoke with Sidnica and she's done the smart thing .. she's followed through and contacted David .. the rep I send people in GA to.

He'll be able to tell her more about her chances after he hears the recording of the hearing.

Chris

Oct 11, 2011
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ASSISTANCE WITH APPEAL GEORGIA
by: Anonymous

Thanks for your quick response Chris, but the employer that heard what I really said doesn't work there anymore either. No others were fired, they all quit, but I don't know why. As far as the written argument, I requested a rep right here on the site, he emailed me and his fee is $300. I have the money but I can't afford to lose as I as am living off my 401k, but I know ill have a better chance of winning. My question now is should I go up to the office and get the recording personally since it is time sensitive? And how will I get it to my rep considering he has a out of state number and can he complete it in time. I just can't let $300 go to waste. Thanks!

Oct 11, 2011
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Georgia Unemployment Board Appeal
by: Chris

Hi,

Heather is in California and you're in GA .. even though unemployment is basically the same .. CA and GA each have their own set of laws and precedents.

My position is clear regardless of what state though.

It is your case presentation at the first hearing that is all important because board appeals that actually work rely on the fact that you know when things at the hearing are working contrary to how things are supposed to happen at the lower level hearing.

A written argument for a board appeal begins by getting the recording of the hearing .. and what you're looking for is hearing officer procedural errors and/or contrariness in their finding of facts or reasoning which ultimately lead to their conclusion or decision about the benefits which is in opposition to the law and procedures or a precedent decision which they also rely upon to interpret the laws in each individual case.

The fact of your job separation are not what's really in question with a board appeal as most states do not allow new evidence, information or testimony to enter into the picture.

They are comparing the points you raise in your written brief (argument) to the "record" of what occurred at that lower level hearing. You need the recording of the hearing as that is the record and the only place you will find points to appeal on now.

The fact that you are probably a novice at hearing representation or how one of these hearings is supposed to work .. is not a good enough reason for a board appeal. Nor is arguing the job separation facts .. not anymore.

Making a good argument in a written brief, at least in my opinion, requires some legal research to find decisions to support a point by point list of errors made by the hearing officer in contradiction to what they should have done or actually did do .. supported by a named unemployment precedent .. be it a Georgia precedent or one that could have an effect on any state .. which would be federal.

Legal research isn't cheap and GA does not have a UIBDG or a precedent library such as California .. where Heather is located, but you might try to find a local law library to let you in. Maybe a college .. maybe enlist the help of a law student?

Question: Did you try to get the person that you were talking to when the manager "over heard" to testify on your behalf?

Did that person witness what you actually said. Could that person have rebutted the language the employer said you used to undermine what sounds mostly like a credibility decision.

Why wasn't that person fired?




Oct 11, 2011
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Assistance with Appeal to Board Of Review-Georgia
by: Sidnica

Hi, This is to Heather AND Chris. First off, Heather u are truly an inspiration.Fighting these employers for unemployment is NOT easy and doing it alone is even harder.So here goes, I was fired back in May after working for the employer for nearly two years. I was promoted then demoted and was replaced by the managers boyfriend and the other position was given to a petite girl with long hair. I am full figured with dred locks and felt this was absolutely discrimination so I reported it to corporate(nothing was done) & then to the HR director. He had a meeting with everyone in question one at a time and of course nothing came from that besides the worsening of attitudes from management towards me so I filed a claim with the EEOC in February. Feeling uneasy in that department I decided to transfer. After transferring the problem began with the chefs in the kitchen. They were rude,loud,and down right disrespectful. After telling my manager on several occasions, nothing was ever done. The "final incident" that led to my unemployment was when another worker and I were talking about the way the chefs were treating us. Our direct manager over heard us and walked over and said she was going to get to the bottom of it now, and walked over and got the Chef. She began telling him how we felt and he immediately dismissed us as if we were NOTHING! I was so upset I walked off saying "This is bull, don't none of these people care about us." That was Friday May 13th,2011. I was off until that following Tuesday,which when I came in I was fired for breaking company policy by having rude or disrespectful behavior. I asked the HR manager what I had said, and she couldn't even tell me.Her exact words to me was "This is NOT up for debate." In fact, I didn't find out what I was fired for saying until I filed for unemployment. They said I said 'These people don't fucking care about us personnel" which is absolutely a LIE! I tried representing myself at the appeal over the phone but I was still denied. They had 2 statements from 2 different chefs, one who was no where around, and a statement from the manager that confronted the chef in front of us. Luckily for me, the manager no longer works there so she couldnt testify and the statement couldn't go on the record. However, the main chef was called to testify, and u could clearly tell he didn't remember what he said I said and was reading DIRECTLY from his statement. Now I'm here, I filed another appeal with the Board of Review and need assistance with my written argument. I know I deserve unemployment because all this was clearly a form of retaliation on me for filing a claim with the EEOC. Can u guys please help me out??? Sorry its so lengthy but I wanted to make my situation clear.. Thanks guys!









Oct 06, 2011
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Lorri...
by: Heather

Hi Lorri. I am not sure if you intended this comment for me or Chris, the owner of this site but I will share my thoughts with you. Why did you leave your last job? You have implied that you were possibly laid off. You have also made it sound as if your employer has no problem with you getting benefits. Perhaps, if my assumptions are correct, your former employer will put something in writing for you stating that you did not quit etc. If your former employer really is not contesting your benefits then he should not have a problem writing something and he probably will not even show up at the appeal hearing which would make you the "winner" as long as your testimony under oath is that you did not voluntarily quit. I know that it is frustrating to initially be laid off, no income and then to be denied the only possible source of income available, until you find a new job. But there is a light at the end of the tunnel as should you win then you will receieve all the back benefits you would have received as long as you have been filling out your continued claim forms. I had to survive on $700 of child support with 6 children but some how we lived and I am still trying to find a job. Good luck!

Oct 05, 2011
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will you help me?
by: lmd

Hi Heather, I am in Contra Costa County, CA, Antioch area, I was let go in April, after UI claim phone interview was denied saying I quit, I submitted a letter to EDD appeals, w/attachment from my former employer, stating that I did not voluntarily quit the employ of his office, (signature) blah blah, EDD sent me a notice that it was forwarded to the Oakland Office of Appeals, letter sent 09/27/2011, no info yet. My employer (former) said "I don't know why EDD is doing this, I fully expect them to get it straightened out". My former co-workers say he fully expected me to get UI, and has no clue what those people are thinking. I applied, I did not quit, he confirmed I did not quit, thinking my phone interview lady was texting her friend or doing her nails while she was "interviewing" me, since she asked over and over why I quit. What does "I DID NOT QUIT" mean. Thanks, sorry to sound off on you, I am so frustrated by our government, as everyone is, never thought I would be terminated, much less denied benefits, never, since I was 14 years old, have I applied for unemployment benefits, sent the check for our office to EDD for 25 years. Thanks wow I am really pissed, Lorri

Sep 07, 2011
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: - )
by: Heather in Cali

Awww, Chris, thanks. You know that you are my inspiration. I learned a lot from you and kept studying and learning as much as I could about UI benefits and winning appeals and now I am completing a Bachelors degree in Legal Studies. Figured that it was a good use of my unemployed time since I still cannot find a job. And if you know where I can apply to be a hearing rep. by all means let me know because I really need a job....ha ha!

The matter with the payments etc. are dealt with. I basically wrote a letter on Chris' behalf and told them that if he did not have his checks within 10 business days that I would file a complaint with the Attorney General and the next day the checks were mailed. While people do have to file a new claim after on year or 52 weeks of receiving benefits on an initial claim, the new law that was signed into place states that the EDD must still pay you on the original claim, even if you have to file a new claim, if one of the following occurs AND you remain eligible:
a) the new benefit amount lessens your weekly benefit amount by $100 or more
b)If the reduction in weekly benefit amount is less than a certain percentage (cant think of it off the top of my head right now)

I have actually helped several people with their appeals lately, especially people who were wrongfully terminated as I was from my previous employment. Not a single person I have helped have lost their unemployment appeal! You have been a great mentor!!!!!




Heather,

I do have someone to put you in contact with if you're serious about the hearing rep thing.

Email me and I'd be happy to fill you in.

Sep 06, 2011
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so confused
by: april

CHRIS IVE FILED FOR A APPEAL FOR UNEMPLOYMENT.I HAVE WORKED FOR THIS FACILITY FOR 26 YRS. I WAS FIRED FOR VIOLATED A COMPANY RULE SO THEY SAY. I WAS SENT HOME CLOCKED OUT AND WAS IN THE PARKING LOT WHEN A FEW COWORKERS ASK ME WAS TRUE YOU ARE BEING SENT HOME. I SAID YES.

ONE OF THEM SAID GO BACK IN AND TALK TO HER. I SAID NO I WAS SENT HOME SO ---- HER.

SOMEONE WENT IN AND TURNED ME IN.

DO I HAVE A CHANCE OF BENEFITS AFTER ALL THOSE YRS THERE?



Hi Confused,

I can't really say, because you haven't provided the information needed to even begin to determine if you have a chance at getting unemployment benefits.

If you'd like to provide those details, please do so by via the submission form here.

Apr 07, 2011
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We Won but......
by: Heather

Hi Chris! Wanted to let you know that despite the odds against this appeal for Unemployment, I was able to prepare an appeal and my children?s father won. However, we are running into some interesting problems and I don?t understand. Getting through to the EDD is nearly impossible. It won?t even let us spend half of our life on hold; it does not even let us through, disconnecting the call.

So Chris, my children?s father waited for the appeal hearing. As I stated he won. After winning he received two checks, although they owed him for December 2010, January 2011, February 2011, and now march 2011. He received for weeks worth of pay, at a weekly amount that was not even his weekly amount on his original claim, which should have been continued as he had only be employed and off of Unemployment for roughly 4 months before losing his job. When he received these two checks, for the wrong amount of money (too much $) and for only the weeks in January, he also received a notice for a telephone interview. They stated that they needed him to answer some questions. So he has the phone interview and the EDD rep does not have a clue what she is doing or why she is even calling him. She said she had to speak to her supervisor and then call Chris back. When she did call back she stated that she could see where there were 10 weeks in the system that were pending and waiting for payment to be issued but that they need him to reopen or re-file his claim. Why would they make him reopen his claim when he already has an open and existing claim? Are they trying to screw him out of the 10 weeks they owe him as opening a new claim would make it affective as of now and not a retro claim back to December?.? Right?

We have tried to call though so that he could authorize them to speak to me so that we could understand what they are doing but, as previously stated we cannot get through. What do you think could be going on? Are they trying to get out of paying him? We don?t have any sufficient documentation of his certifications and what they say to him on the phone is only hearsay so they could have him open a new claim and then state that they said something else. What are your thoughts?





First of all Heather .. WAY TO GO GIRL!! You should consider a career as a hearing rep:)

Tell me what the BYB and the BYE was of his first benefit year and let me know if he collected any extension of that claim.

As far as getting through to the EDD Call them and press any other option besides the one for english .. Those lines aren't usually as busy.

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