Will I win my first unemployment hearing after quitting my job?

by Dorothy
(California)

I had been working at my previous company for almost 7years. After my maternity leave and collecting Paid Family Leave benefits, I had asked my employer if I could extend my leave, but at the same time I told him I would need to apply for Unemployment benefits.


He asked, "don't you need to be fired or laid off to be approved?"

This was my first time and I didn't know the procedure. He asked me to check back with him when I do apply. So, I applied online and was only given three options to pick from on why I was not working: 1) laid off 2) fired 3) quit.

I called him and asked what I should put down on the application so that our answers would match the interview. (I do not like to lie) He replied with, "neither. you chose to take care of your baby". So, I was surprised that that would be his answer and had to check off 'I quit' as my reason.
After the interview, of course, I was denied. My reason for taking care of my baby was not a valid reason to be eligible for Unemployment benefits. I decided to ask my employer if I could come back to work and he replied back that my position was already taken. Shocked that that was his answer, of course I started looking for work.
I appealed and am claiming benefits from the time I had been denied to the time I started working at my now, new company because I did search for work. My court hearing is next week and I'm hoping that I will get approved.
What do you think my chances are in this case and what else should I present to the court, other than proof of all the emails I had sent out with my resume?
Please advise.
Thank you.

Comments for Will I win my first unemployment hearing after quitting my job?

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Nov 13, 2014
Advising ..... Your question sort of took me by surprise
by: Chris

Because you were so good about giving me pertinent facts that made it easy for me to form an opinion of whether you will win, or lose ....

My opinion is if you'd asked for representation for your appeal, never in a million years would I think to refer you to a professional hearing rep for your first unemployment appeal hearing.

Because it would be a waste of everyone's time, yours, mine and definitely the rep who'd think I'd lost my mind if I sent them your case.

But I will show you what would of explained to you why you were wrong to assume all you assumed from the gitgo about unemployment and a voluntary quit due to domestic circumstances.

You quit without good cause which is why I'm moving your question to the quit questions here.

If it were me, I'd advise myself to withdraw the appeal to save the time away from my new job .. to lose a meritless appeal that might also be a bit embarrassing once the employer explained things the same way you did.

Believe me, I know a thing or two about the basic issues that make benefits possible, or impossible and things aren't looking good for the appeal.

Aside from the need to actually be unemployed to collect regular CA unemployment benefits .. there is also the typical conditional eligibility requirements in all states to be looking for and able and available to accept suitable work while collecting.

Nov 13, 2014
Quit or Fired?
by: Dorothy

Hi Chris,
I actually did not quit and I had spoken with my employer personally even before I had applied for Unemployment to ask if I could prolong my leave.
He was in fact, ok with the idea, but I guess somehow, his mind had changed. Thinking that his taxes would go up if he had approved me of collecting benefits.
That is why after I had the formal letter that I had been denied, I had asked if I could go back to work, which he then replied that my position was already taken. Isn't that considered as letting me go, then? Then wouldn't I be eligible for claiming those days up until the time I had started my new work?

Nov 13, 2014
His taxes would of gone up and yes, you did quit when you failed to return from your leave of absence
by: Chris

You're missing some crucial points.

You never mentioned having medical documentation, or new leave paperwork proving your employer approved an extension of your leave of absence that might of entitled you to more temporary disability unemployment benefits in California.

Not to mention the fact that you had apparently already exhausted twelve weeks of FML maternity leave thus losing the protection it provides for a job.

Just because you didn't say the words "I quit" doesn't mean your actions don't prove you quit .. at least for the purpose of benefits as dictated by interpretations of unemployment insurance law.

As a matter of fact .. it sounds like you may of thought your employer would collude with you to make sure you were paid UI benefits during your extended leave while you weren't able and available to work for reason unknown to me .. and those are what might matter most in your situation.

No, he didn't let you go unless you can prove he approved the leave extension and then decided to go back on his approval .. which you need to be able to prove.

Nov 13, 2014
UNDERSTOOD
by: Dorothy

Thanks Chris for the advice, although now I'm feeling less confident with the approaching hearing.
Yes, I have no proof of when we had talked it over on claiming unemployment. He has a very small company, only 4 people and that was including him so there was really no formality with paperwork (notice of leave, rules and regulations, etc.)All I have is an email from him of saying that he already hired someone when I had asked to come back to work.
I will take all your advice and hopefully something will come out positive of this.
Thank you again!

May 18, 2015
Same case
by: Norilie

Hi, I have the same case like yours. I was wondering if I could re open my claim and state there the reason of me losing my job is because of laid off and not quitting due to child care? Is that even possible?


May 18, 2015
I wouldn't advise trying that Norilee
by: Chris - Unemployment-Tips.com

It just sounds like an intentional unemployment fraud finding in the making due to misrepresenting material facts to obtain benefits.

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