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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default EDD Appeal on CS 1256 - Need a Few Tips

    My question involves unemployment benefits for the state of: California

    Hi, I was terminated at the end of January and the company sent a letter stating “This letter will confirm your termination with XXXXX effective XXXX, 2009”

    I assumed the company terminated me because they found I was looking to work for a competitor, but as far as I understand this is not illegal and does not represent misconduct.

    As the employer did not provide a reason for my termination, I filed for Unemployment Insurance as “let go”. EDD awarded the claim as I filed that I was let go as I had no reason why I was terminated.

    My former employer disputed my Unemployment Insurance (UI) claim and EDD called me for an interview. They called and they said that the employer stated that I was given the reason of my termination, but I said that I was not given the reason and the EDD person requested to me to fax the letter of termination, which I did after the interview.

    In the interview the EDD person explained that the employer was claiming that I downloaded information from the company to use with competitors, that I was setting up my own business and contacting their customers, and I don’t know what else…

    All of this is not true and a misleading, I explained to the EDD person that I suspected that the employer found that I was looking to move to another company.

    Why did I start to look for another job? Because the owner of the company changed my job title a few times in the last 3 months and wanted to start paying me commissions instead of a salary, and we knew they were going to lay off 1/3 of the company, I guess this is a good reason to start looking for another job!!!!

    I asked what evidence the employer presented, and the EDD person said she was going to request more information from my employer.

    Well the EDD person toke a Determination finding that I was disqualified under CS 1256. EDD is so behind they work that I first received the Notice of Potential Overpayment as I received my first check and I have not received the official Notice of Determination, but I guess it will arrive in the next days.


    I have these questions:

    a) Do I have the right to get a copy of my file including the evidence presented by my employer and all the notes taken by the EDD employee who conducted the interviews? What about if the interviews were recorded?

    b) I received a notice by the postal service that they tried to deliver a certified letter when I was not present, and that it is available to pick up. The notice mentions the name of the sender but is not my employer. Can my employer send two letters of termination? Should I pick this up?

    c) With what I described earlier, that the owner changed my job back and forth, talking to me that I would be on commissions, giving my job to my assistant without officially telling me that I was not the manager any more, and stuff of this sort, do you I grounds to claim that the environment in which I was working was not tolerable?

    d) Any tip on how to appeal an UI claim is welcome.

  2. #2
    Join Date
    Dec 2008
    Location
    Calif
    Posts
    289

    Default Re: EDD Appeal on CS 1256 - Need a Few Tips

    I have a question for you...(assuming you used the company computer for this) WHY were you doing a job search on your EMPLOYER'S computer???? I would think that would be enough to let you go with good cause.

    I hope others read this and think twice about doing this.

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