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  1. #1
    Join Date
    Oct 2011
    Posts
    1

    Default Why Do Keep Getting Denied U.I. Benefits

    My question involves unemployment benefits for the state of: CA

    I recently had an appeal for my U.I. benefits. I was denied again. I had first appealed my case because state of California made their first decision based on incorrect information. After clarifying with my employer that the reason was for not performing up to par. However my employer also noted that she would rehire me again if a place was available. I consider that a lay-off rather then a termination. During the appeal we did contact my employer on a conference call. She did say that I was a good employee but was just having personal problems and was letting it affect my job. I feel that I have a strong case cause my employer terminated me with possibility of rehire. How would I get in contact with a lawyer to represent me in my case. my zip code is 91711 Ive tried many websites. Are there not many lawyers who do U.I. appeals.
    somebody please give me some feedback. thank you

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    13,032

    Default Re: How Come I Keep Getting Denied U.i. Benefits

    You seem to have an incorrect idea of how this works. Your unemployment benefits are not predicated on whether or not you are eligible for rehire; nor yet on what word is used to describe your termination; nor yet on what word you have decided best fits the circumstances. (FYI, every time your job ends that is a termination- a quit is a voluntary termination. Termination is not a synonym for fired. Firings, layoffs, RIFs and quits are all terminations.) Even if you are correct that your employer termed you with the possibility of rehire (and based on what little information you have provided I am not certain that you are), that is not a guarantee of benefits. What matters is the exact reason that your employment ended. If you were allowing personal affairs to interfere with your work, depending on the exact details that might well be a valid reason to deny benefits, EVEN IF you are eligible for rehire.

    That is not to say that you should not appeal as many times as the law allows, nor yet that you should not discuss your issue with an attorney if you can find one who is interested (though you will not find one on the boards here - site rules prohibit referrals and reputable attorneys do not troll message boards looking for clients). But SOLELY on what little information you have provided, it is by no means clear that your denial was unwarranted.

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