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Employer Said I Quit, I Was Denied, Going to Court May 13th

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  • 05-01-2009, 12:13 PM
    FoxyGrandpa
    Employer Said I Quit, I Was Denied, Going to Court May 13th
    My question involves unemployment benefits for the state of: CA

    Okay, So I was released from my job in February. I was the office manager of a very very small business. I am also going to school part-time for teaching. My boss (the owner) knew I was going to school (at night). I was starting my 5-week student teaching soon, I let my boss know ahead of time, but I did not get a date from the school yet. My boss flipped out, hired a person he could not afford, and had a meeting with me. He told me that he could not afford to pay for an extra person, and since I was going to school, he had to say goodbye to me (which I assume meant I was being laid off).

    I said ok and I filed for unemployment. My boss then tried to set up days where I would work once a month there. When he got the unemployment letter, he fired my sister and refused to talk to me. I emailed him when he wanted me to come in and he never responded.

    He told unemployment I quit because of school. There's no verbal or written proof that I quit. I told my agent during phone interview. Denied. I appealed, and now my court date is May 13.

    I have no proof of his laying me off, no pink slip, contract, exit interview paperwork, nothing. I am going to court, do I have a chance to win?
  • 05-01-2009, 12:51 PM
    mlane58
    Re: Employer Said I Quit, I Was Denied, Going to Court May 13th
    The burden falls on the employer to prove you quit. Just tell the hearing officer exactly what you stated here. No one can state what the decision will be, but unless the employer can convince the hearing officer that you quit, you should be able to recieve benefits.
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