Notice of Determination

**danielpalos** · 10-01-2007, 09:14 PM

Here is a case study in a filing for an appeal of a determination of benefits.

From EDD:

You are not eligible to receive benefits under California Unemployment insurance code section 1256 beginning 08/26/07 and continuing until you return to work after the disqualifying act and earn $850.00 or more in bona fide employment, and you contact the above office to reopen your case.

You quit your last job with [xyz, inc.], because the conditions of employment were modified. After considering available information, the department finds that you do not meet the legal requirements for payment of benefits - 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. Section 1260A provides - an individual disqualified under section 1256 is disqualified until he/she, subsequent to the disqualifying act; performs services in bona fide employment for which he/she receives remuneration equal to or in excess of five times his or her weekly benefit amount.

To the Adjudication Center:

I am submitting this letter of my decision to appeal the ruling regarding the denial of unemployment benefits.

The facts you have explained, in your letter, dated 09/28/07 are incorrect. I was discharged by my employer according to at-will employment doctrine; and according to my understanding of at-will employment law.

I have not received any formal notification of continuation of employment, after having been discharged. I believe I was fired, for arguing with my employer about employment conditions being modied, without my concurrence.

I was told by my employer, that he had hired me on a part-time basis and was not eligible for benefits; due to employer error. I had already been working for that employer for over a year before finding out the change in status. I was receiving benefits, and vacation hours before I was verbally informed of the change in status around the month of September. The benefits I was accustomed to receiving had been modified, without my knowledge, since the beginning of the following calendar year of employment.

I consider such a change, a breach of contract (and form of collusion) since my employer waited nine months (in September) to inform me of such a change. I have also not received any formal written notice of full-time employment with that employer, as of the date of this letter.

My previous employer also told me that he considered my services to his private profit motive, inadequate; and had also received (without my knowledge), and informed me regarding some feedback during a discussion with some of the foremen (at some unspecified time). And, also cited it (nine months after the fact) as a reason for the reduction to part-time status, without benefits.

I have no reason to believe any statements from my previous employer, based on the above mentioned facts. I was told words to the effect, that I was no longer an employee of the company. I followed up with an email asking for payment of vacation hours and possible severance pay; and got no response; in my view, confirming that I was no longer considered an active employee of the company.

Sincerely,

**aaron** · 10-02-2007, 05:30 AM

What exactly is it that you believe your employer did, which is not allowed by law?

Were you in a union? Did you have a written employment contract guaranteeing wages and benefits? Were you denied your COBRA rights?

cbg is correct, by the way - if want to debate the appropriateness of the law, the discussion doesn't belong here. So please clarify your legal question.

**danielpalos** · 10-02-2007, 08:01 AM

Quoting aaron

What exactly is it that you believe your employer did, which is not allowed by law?

Were you in a union? Did you have a written employment contract guaranteeing wages and benefits? Were you denied your COBRA rights?

cbg is correct, by the way - if want to debate the appropriateness of the law, the discussion doesn't belong here. So please clarify your legal question.

I am not sure what legal question you are responding to, Aaron. This topic concerns a notice of determination concerning unemployment benefits.

I would be glad, if you were able to respond to the legalities of the topic, instead of what isn't being asked. Your legal expertise is always appreciated.