Disqualified for UI - Should I Appeal

**UIteebz** · 09-21-2010, 11:51 PM

My question involves unemployment benefits for the state of: California

Hello,
This is a very long/complicated story. On July 23rd, 2010, I submitted my two week notice to my employer A. They asked me to submit it via email, so I did so. My plan was to stop working there, and begin working at another employer (B), until the Merchant Marines (employer C), had contacted me to start working there. On July 26th, employer A asked me to stay longer to help give them time to hire and train new employees in my place. On July 27th, I verbally brought terms to the table. I advised employer A that I will continue to work with them until the Merchant Marines had contacted me. I explained to them that this could take a while and would take an unknown amount of time. They said the longer the better, they agreed to the terms, as long as I let them know one week in advance.

Before all of this, one of my coworkers was (for no known reason at all) harrassing my girlfriend anytime they crossed paths at my work. My girlfriend would tell me each time that my coworker was constantly harrassing her verbally, screaming profanity in the parking lot when my girlfriend came by to drop off food. Each time this had happened, I reported to HR and expressed that this was getting very irritating, as it had continued to happen.

On August 6th, 2010, I reported another incident of this happening to the HR. I then advised the HR that I did not wish to attend the company picnic because I would not be able to contol any actions that happen between my girlfriend and my coworker. The HR explained that he will take care of the situation and he insisted on me going.

On August 8th, 2010, I attended the company picnic. My name was called to report on-stage to accept an award. After accepting my award, I sat down next to my girlfriend and she told me that my coworker had began wording out profanity: "F you, Come here B". My girlfriend also told me that my coworker was holding her 2 year old daughter during all of this. After my coworker had said this, my girlfriend did retaliate and word out a response (keep in mind, none of this was verbally said, just worded out with mouths). So, after this happened, I told my girlfriend and her sisters that its time to leave. They told me they wanted to go to the bathroom first, so I walked them to the bathroom. About 15 seconds after I was waiting outside the bathroom, the HR came running up asking who was in the bathroom. I told him who, and he ran in and called my coworker outside. After my coworker left the restroom, the HR explained to me that he saw me "manning the door" while my girlfriend and her sister could handle business. Nothing physically or verbally happened in the restroom. The next day at work, the HR called me in his office and said he accepted my final resignation. I was somewhat emotional and distraught due to the fact that I unfairly lost my job, and he gave me a paper to sign. I signed it, packed up my stuff and left.

When I submitted my unemployment application, I was denied due to section 1260A. Would this be worth appealing? I emailed the HR of employer A and asked for a copy of the form I signed. He had then responded with one copy of the resignation form I signed, and then another copy of the email I sent submitting my 2 week notice. I have no money, I have so many bills and stress on my shoulders as I have tried desperately to search for a decent paying job. I was employed with employer A for over 2 years. Can you please provide what you think of the situation and any tips or suggestions would be great. I have scheduled an appointment with an attorney, do you believe this is necessary?

Thanks for your help!

**Chelebelle321** · 09-22-2010, 04:00 PM

Quoting UIteebz

My question involves unemployment benefits for the state of: California

Hello,
This is a very long/complicated story. On July 23rd, 2010, I submitted my two week notice to my employer A. They asked me to submit it via email, so I did so. My plan was to stop working there, and begin working at another employer (B), until the Merchant Marines (employer C), had contacted me to start working there. On July 26th, employer A asked me to stay longer to help give them time to hire and train new employees in my place. On July 27th, I verbally brought terms to the table. I advised employer A that I will continue to work with them until the Merchant Marines had contacted me. I explained to them that this could take a while and would take an unknown amount of time. They said the longer the better, they agreed to the terms, as long as I let them know one week in advance.

Before all of this, one of my coworkers was (for no known reason at all) harrassing my girlfriend anytime they crossed paths at my work. My girlfriend would tell me each time that my coworker was constantly harrassing her verbally, screaming profanity in the parking lot when my girlfriend came by to drop off food. Each time this had happened, I reported to HR and expressed that this was getting very irritating, as it had continued to happen.

On August 6th, 2010, I reported another incident of this happening to the HR. I then advised the HR that I did not wish to attend the company picnic because I would not be able to contol any actions that happen between my girlfriend and my coworker. The HR explained that he will take care of the situation and he insisted on me going.

On August 8th, 2010, I attended the company picnic. My name was called to report on-stage to accept an award. After accepting my award, I sat down next to my girlfriend and she told me that my coworker had began wording out profanity: "F you, Come here B". My girlfriend also told me that my coworker was holding her 2 year old daughter during all of this. After my coworker had said this, my girlfriend did retaliate and word out a response (keep in mind, none of this was verbally said, just worded out with mouths). So, after this happened, I told my girlfriend and her sisters that its time to leave. They told me they wanted to go to the bathroom first, so I walked them to the bathroom. About 15 seconds after I was waiting outside the bathroom, the HR came running up asking who was in the bathroom. I told him who, and he ran in and called my coworker outside. After my coworker left the restroom, the HR explained to me that he saw me "manning the door" while my girlfriend and her sister could handle business. Nothing physically or verbally happened in the restroom. The next day at work, the HR called me in his office and said he accepted my final resignation. I was somewhat emotional and distraught due to the fact that I unfairly lost my job, and he gave me a paper to sign. I signed it, packed up my stuff and left.

When I submitted my unemployment application, I was denied due to section 1260A. Would this be worth appealing? I emailed the HR of employer A and asked for a copy of the form I signed. He had then responded with one copy of the resignation form I signed, and then another copy of the email I sent submitting my 2 week notice. I have no money, I have so many bills and stress on my shoulders as I have tried desperately to search for a decent paying job. I was employed with employer A for over 2 years. Can you please provide what you think of the situation and any tips or suggestions would be great. I have scheduled an appointment with an attorney, do you believe this is necessary?

Thanks for your help!

Don't know what section 1260A is off hand, perhaps you could post the wording? It's always worth appealing. Do some research on the EDD site. I won my appeal by knowing my case inside and out. Most people don't have a ton of time to read a long post, especially if it doesn't contain all the information needed. I don't think an attorney is worth it at this level.

**cbg** · 09-22-2010, 04:48 PM

I look at it this way.

If you appeal, you might prevail and you might not.

If you don't appeal, you definitely won't.

**Betty3** · 09-23-2010, 01:30 PM

Agree, always appeal.

http://www.cuiab.ca.gov/index.shtm

**Cachicambo** · 10-01-2010, 08:46 PM

I'm confused, your statement seems to only refer to the reasons for your separation from employment for which if you were to be disqualified would fall under section 1256. Section 1260a refers to removing prior disqualifications. Did you previously file a claim for UI less than 3 years ago? Were you disqualified at that time? If you could post the reason for disqualification maybe I could offer more advice. Are you reading the notice of disqualification correctly? Were you available during the day of your telephone interview? What did the letter your employer had you sign say?