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Employer is Appealing an Award of Unemployment

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  • 03-19-2013, 02:47 PM
    spikezone2004
    Employer is Appealing an Award of Unemployment
    My question involves unemployment benefits for the state of: California.

    I use to work in California with a company for over 4 years, it came to the point where i wanted to start school again but I could not afford the price of living in California and the price of school so I decided to go to a cheaper state, Nevada. I asked for a transfer in my store to one in Nevada and they said they'd do it for me. I was going to go to a school in Nevada and had everything planned out. It came to the day before I left and they said theirs no more positions available anymore we cant transfer you, they said when i get to Nevada to go into the stores and ask in person and see if they can transfer you and they will keep me in the system until I get transferred so I said OK. I moved and went to the store to ask for transfers manager was like yes of course I'll hire you as my manager, 2 weeks later after no calls back and responses I went back in and ask and he said he can't do it anymore I said ok well what about a regular position and he said no he is full, So i went to another store in a different part of town and they said there full as well, both stores said to check back January 1st, so I did and then once again the same thing still no positions and at this point my HR at my old store told me she can no longer keep me in the system. So i started a mass job hunt applied every where and eventually a month or so later I was so broke I decided to apply for unemployment I didn't want to but I was left with no choice, (because my transfer didn't go through I didn't even have enough money to start going to school) I got approved for unemployment and was receiving benefits. Now on March 3rd I finally got a job, I started working on the 3rd and that week I received a letter saying my old company is appealing my unemployment. I sent back my 2 week paper yesterday stating I have started work at the company etc, but I have received another letter with a court date and all the emails my old company sent back and fourth (one of them saying they said I could try a different branch of the company and I said no which was not true I tried but they also were full). I have no idea what to do. I have tried calling the California EDD office and keeps saying to busy try again later, the court date is next week back in California which I can not possibly make as I am in Nevada and working my new job, Any one have any help? Everything will be greatly appreciated as this is really stressing me out and I have no idea what to do, wishing I never applied for unemployment but I had no choice at that point. I don't want/need the benefits anymore anyway since I have found work, I just want it to be dropped and leave it at that, I have no need to fight the appeal to stay on unemployment. Thank you all in advance for reading.
  • 03-19-2013, 03:46 PM
    johnb123
    Re: Unemployment California Company Appeal
    You sent them a letter yesterday explaining you now have a job. When did you get the letter about a court date? All you can do now is show up on the court date and explain your situation. Many time with EDD, letters are sent out late, while your situation is changing. My brother went through this will EDD. He got one letter denying his claim and another one accepting his claim. I asked him about the dates on the letters. The one denying him was sent before the letter of him being accepted. I told him to ignore the first one. All that matters is the latest letter. There hasn't been enough time between sending in your letter and the one they sent you. Since you never started school, do NOT mention anything about school. It doesn't matter, but just mentioning it could gum the works. Bring any proof you have of the other stores not hiring you.
  • 03-19-2013, 04:44 PM
    cbg
    Re: Unemployment California Company Appeal
    So, your question for us is....?
  • 03-19-2013, 10:33 PM
    spikezone2004
    Re: Unemployment California Company Appeal
    I don't know what to do I cant attend the court hearing, who do I contact to tell them I dont need it anymore? I m fine that they appealed it and I wont get anymore benefits because I have found a job, but I can't get through to the EDD department do I call the court house?
  • 03-20-2013, 05:52 AM
    Mr. Knowitall
    Re: Unemployment California Company Appeal
    If they appeal and you lose, you can be ordered to repay any benefits you received. You're fine with that?
  • 03-20-2013, 07:00 AM
    johnb123
    Re: Unemployment California Company Appeal
    Is there an EDD office near you? If there is, they have phones there, tied directly to the main office. They can also help you in the office near you. Look on their web site. Their web site may also tell how to delay the meeting, until you can attend. You can also e-mail them.
  • 03-20-2013, 10:29 AM
    spikezone2004
    Re: Unemployment California Company Appeal
    No I am not, Why would I have to pay back the company? The state never should of approved the benefits to me in the first place. What do I do about the hearing if I am not in the same state and have no way of getting there for it?
  • 03-20-2013, 11:54 AM
    eerelations
    Re: Unemployment California Company Appeal
    You wouldn't have to pay back the company, you'd have to pay back the state.

    If you don't go to the hearing, you will lose automatically, and you will be required to pay back the benefits to the state. If you're OK with that, then fine, don't attend the hearing. But if paying back the state seems wrong to you, then the way to fix that is to attend the hearing.
  • 03-20-2013, 12:12 PM
    spikezone2004
    Re: Unemployment California Company Appeal
    Is there any way to push the hearing to another date? I only just started this new job and can't request a day of that with less than a weeks notice, plus I don't have the money to get to California in the first place to attend the hearing.
  • 03-20-2013, 12:33 PM
    eerelations
    Re: Unemployment California Company Appeal
    I'm sorry, nobody here works for the EDD, nor can we ask for a re-schedule on your behalf. You have to ask the EDD yourself. If you can't get through, you have a problem, another one we can't help you with.

    Just out of curiosity, why is it such a problem for you to pay back the money if as you say they "never should of approved the benefits to [you] in the first place"?
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