How Long Does it Take to Get Benefits After an Unemployment Insurance Appeal
My question involves labor and employment law for the state of: California
I was terminated 8/2018 for missing days due to tendonitis (golfer's elbow) per doctor's instructions. I filed for unemployment. I was initially denied by EDD, but appealed and won the appeal through the Administrative Law Court in 01/09/2019.
It has been three weeks and I notice that from 11/2018 until today are being paid. But the months certified prior to the initial denial (9/4/2018 to 11/03/2018) are still showing as appealed in the "Certification History".
How long does it typically take to clear an appeal after a ruling is overturned? And am I entitled to back unemployment if the denial was erroneously decided? If so, how should I handle this case?
Any input is appreciated. Thank you.
Best,
Gary K.
Re: California Unemployment Insurance
were you actually able to work and looking for work from 8/18 through 11/18? Since you were terminated due to absences regarding a medical issue (not being able to work)
Re: California Unemployment Insurance
Yes, to both questions, and noted in the certification during the period under question. Although, not in the industry I had been working due to my recent physical restrictions. The judge noted this in her ruling, i.e., that the doctor's had recommended I reduce my workload. My employer, however, was unable or unwilling to accommodate with "light" duty assignments. They offered a leave of absence, but without pay which was obviously unacceptable given that I am the primary caregiver for my family. Note that I worked in a warehouse for a leading furniture distributor, the average piece was aprox 150 lbs.
Note: As of 01/2019, I am working on a Masters in Science, and California teaching credential. So I am doing what I can to convey to the EDD that this is expected to be a temporary situation.
Re: California Unemployment Insurance
I think you handled it wrong.
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garyknowz1
They offered a leave of absence, but without pay which was obviously unacceptable given that I am the primary caregiver for my family. Note that I worked in a warehouse for a leading furniture distributor, the average piece was aprox 150 lbs.
You should have taken the leave and got on SDI. It pays TWICE what UI pays, and when you got better, you'd have still had a job.
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garyknowz1
Note: As of 01/2019, I am working on a Masters in Science, and California teaching credential. So I am doing what I can to convey to the EDD that this is expected to be a temporary situation.
Going to school just raises able and available issues. You should have applied to get on CTB, but you have to have done that by your 16th week of UI.
I think you really cost yourself a lot of money. You should have gotten help.
Login and use "ask EDD" to find out why those weeks aren't being paid. Look at all your denial notices and the decisions. Compare the dates. You can be denied for more than one reason, and if the decision from the hearing was just on the separation, then that doesn't fix an able and available disqualification that you've overlooked.
Re: California Unemployment Insurance
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garyknowz1
Although, not in the industry I had been working due to my recent physical restrictions.
When were you working after your termination?
How long had you worked for the terminating employer? Had you worked at least 1250 hours in the prior 12 months? Does the employer have at least 50 employees within a 75 mile radius?