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  1. #1
    Join Date
    Oct 2012
    Posts
    2

    Default How Can I Appeal a Denial of Unemployment Benefits

    My question involves unemployment benefits for the state of: California

    Hello,
    I was fired from my job, however the owner asked if I wanted to work for one of his other stores, and I declined.
    Reasons I declined:
    1. Not the same occupation. I would be changing careers from sous chef to service manager
    2. Location. Would take 3 busses and 2 hour commute
    3. Overworked. I was on salary and was working for this company 7 days a week, 18 hour days for months on end.

    Basically I was fired because I did not meet their expectations. The company took advantage of my work ethic and dedication. I was very much overworked. And now since I refused their offer I can't get benefits.

    What can I do to appeal?
    Who do I need to talk to?

    I was taken advantage of and there are about 15 other employees that this happened to as well. I refused the work because we did not want to continue working for the company that really overworked their employees.
    This company uses these legal loop holes knowing very well that we will refuse the work they offer and it is not right.

    Thank you in advance for your advice and knowledge.

  2. #2
    Join Date
    Jul 2012
    Posts
    479

    Default Re: How Can I Appeal a Denial of Benefits

    "... the owner asked if I wanted to work for one of his other stores, and I declined."

    Oops. That said, we can't know from here whether the state unemployment folks will be ok with your explanations for why you declined (vs. accepted for the time being and started looking for a new job). I'd like to think that you explained the offer of the job and why you declined from the start in your claim vs. waiting until the employer appealed/contested saying it offered you another job. (Weird, since the employer could have just told you that you were being transferred to X job vs. letting you go from one and then offering.)

    "Overworked. I was on salary and was working for this company 7 days a week, 18 hour days for months on end."

    But you're talking about a past circumstance, and even if you were thinking a different job would have you continuing to work 18-hour days, that's not a reason to decline the job. (You were already working those hours before.)

    I'd stick with the two-hour (one-way, I hope) commute. If it's a two-hour commute round-trip, your argument is problematic.

    "What can I do to appeal?"

    Your question doesn't make any sense, because I'm sure the unemployment benefits letter says how you appeal. I'd be shocked if it didn't. Anyway, if it doesn't, then you go to the state unemployment commission web site and ... look up how you appeal.

  3. #3
    Join Date
    Oct 2012
    Posts
    2

    Default Re: How Can I Appeal a Denial of Benefits

    Quote Quoting Foster_Foster
    View Post
    "

    Your question doesn't make any sense, because I'm sure the unemployment benefits letter says how you appeal. I'd be shocked if it didn't. Anyway, if it doesn't, then you go to the state unemployment commission web site and ... look up how you appeal.
    I suppose I should have not said anything. However they were refusing to give me my final pay check, which seems wrong. I had no choice in the matter, I had to refuse the offered position. There is no way I would have been able to continue working for this company. It is a shame if I can't get unemployment benefits after all the services I provided and the amounts of hours I worked. Feeling used and being taken advantage of does not hold up for a legal reason I chose not to take their offer I suppose. Well, I just had a phone interview with unemployment dept and they have not made a decision yet, I was simply trying to gather information here as the decision is still pending whether I will receive benefits or not.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    12,447

    Default Re: How Can I Appeal a Denial of Benefits

    See if you can also document the bus not running during business hours at the other location.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

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