Unemployment Claim Denied

**tdirenzo** · 01-11-2008, 10:03 AM

I worked for a company in California who downsized their number of employees (it was called a reduction in workforce or RIF). This was accomplished in two ways. Either a retirement package (if you were old enough or had been with the company long enough) or a transition package (i.e. layoff). I was told by my supervisor that if I did not take the retirement package there was a good chance that I could be part of the layoff. In a meeting with an HR representative from my former company we were told to state the truth when applying for unemployment insurance and my former company would not contest any approved claims. I took the retirement package.

Two coworkers (that I know of) did the exact same thing. Their claims were approved, mine was denied. The only difference I see is in the way we answered the question entitled "Reason no longer working". I was truthful (and maybe stupid) enough to include the word voluntary in my reason. They did not. I now have an appeal hearing and they are collecting unemployment checks. Do I have a chance at this hearing??? And what should my argument be????

Thanks

**LawResearcherMissy** · 01-14-2008, 07:48 AM

Hi tdirenzo,

I'd like to try to help you with this, but I need a little more information.

What, precisely, did you give as your reason for unemployment? And what, precisely, was the reason for denial?

**tdirenzo** · 01-14-2008, 10:33 AM

LawResearcherMissy:

My reason was :

As part of <company name> reduced staffing plan I was offered and accepted a voluntary retirement package.

A coworker whose claim was approved and who accepted the exact same package I did gave his reason as the more generic "Reduction in workforce". He is now receiving unemployment checks.

My denial notice said the reason was :

"You quit your last job because you were eligible to retire. You could have remained employed".

tony

panther10758 · 01-14-2008, 10:37 AM

If accurate that is a valid reason for denial

**LawResearcherMissy** · 01-14-2008, 10:43 AM

I believe Panther is correct here.

However, it can't hurt to go to the hearing and explain the situation in more detail - essentially, you were told "retire or we'll lay you off as part of the RIF".

I wish you luck!