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  1. Replies
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    Home Insurance: Re: Homeowner Insurance Underpayment

    I had USAA and had a house fire. USAA took care of everything. They paid upfront money so I could stay in a hotel and eat. They got the contractor. I didn't have to negotiate on anything.

    This...
  2. Unemployment Benefits: Re: Trailing Spouse - California to New Hampshire, Which State to Apply

    CA, either because you're in CA when you quit, or even if you're in NH, you use the EDD website.



    You file when you quit regardless of where you're at. Depending on the circumstances of your...
  3. Denial & Appeals: Re: In California What is the Legal Definition of a 'Weapon' As It Relates to Employm

    Secondary to this, there is usually that one staff member that has the paper plates, plastic utensils, and KNIFE to cut the office birthday cake in their desk drawer. This isn't as bleak as you seem...
  4. Denial & Appeals: Re: In California What is the Legal Definition of a 'Weapon' As It Relates to Employm

    This isn't how it works. This is NOT your job. As a fired claimant, the ALJ is going to start with the employer.

    They are then going to most likely use the 6 elements I linked to earlier because...
  5. Hours: Re: Number of Days/Hours Worked and Short Notice Schedule

    You can be terminated even if you didn't send the email.
  6. Getting Fired: Re: Employer Refuses to Pay My Aunt, W4 Employment

    Did she file for unemployment?

    Some states have provisions that if the company doesn't pay, they will backdate the claim to the last day paid rather than the last day of work. She can mitigate...
  7. Denial & Appeals: Re: In California What is the Legal Definition of a 'Weapon' As It Relates to Employm

    I told you how to write the appeal. It is an appeal REQUEST.

    Being "wrong," is a reason.

    What you write helps the employer more than it helps you because if you say why the decision is really...
  8. Disqualification: Re: Employer Contested My Claim for Benefits with False Accusations

    Did you submit your appeal REQUEST?

    You'll get a hearing notice. Unless the hearing notice has an issue for "false statement," then you don't have to worry about this at all. There's really no...
  9. Disqualification: Re: Employer Contested My Claim for Benefits with False Accusations

    It's an appeal REQUEST. "The determination dated mm/dd/yy is wrong. I want an appeal hearing scheduled," is sufficient. You save your words for the hearing.

    I disagree that it was a refusal to...
  10. Denial & Appeals: Re: In California What is the Legal Definition of a 'Weapon' As It Relates to Employm

    https://www.cuiab.ca.gov/#

    Under "statistics"

    https://www.cuiab.ca.gov/Statistics/quickStats/Outcomes_Jan-Jun_2018.pdf

    Most recent 6 months stats. 1256 is the separation issue. ...
  11. Denial & Appeals: Re: In California What is the Legal Definition of a 'Weapon' As It Relates to Employm

    Just know that 56% of EDD decisions are overturned on appeal.

    What you submit for the appeal is not some exhaustive legal analysis. It is an appeal REQUEST. "The determination dated mm/dd/yy is...
  12. Denial & Appeals: Re: Temporary Employment During Appeals Process

    If the claimant grosses $2,250+, then the claimant will have purged the disqualification no matter what. The earning requirement is 5 x the Weekly Benefit Amount. If the claimant earned less than...
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    Medical Issues: Re: Sleep on Job

    Staying awake at work is "an essential job function" in my book.

    Do you want to end up like this guy:

    https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2011/1%20CA-UB%2010-0080-136463.pdf
    ...
  14. Resignation: Re: Job Resignation Letter Advisement (the Do's and Don'ts)

    Don't know. I don't keep track.



    Ok, and of these how many involved interesting things where you just weren't sure how it might turn out because it's never been documented how to handle it...
  15. Resignation: Re: Job Resignation Letter Advisement (the Do's and Don'ts)

    You're the only one that's brought it up.

    If the person you fired didn't have enough wages in the base period, didn't file a claim, or took the first "no" and didn't appeal, could all be reasons...
  16. Resignation: Re: Job Resignation Letter Advisement (the Do's and Don'ts)

    Then talk about them. How many did you fire immediately after they gave their letters of resignation? Did you pay them that day? How many UI inquiries came in after you did this?
  17. Resignation: Re: Job Resignation Letter Advisement (the Do's and Don'ts)

    Not in CA. California refuses to do two adjudications on a separation. They adjudicate at the time of the separation, and won't go forward and say, "since you were going to quit in two weeks, come...
  18. Resignation: Re: Job Resignation Letter Advisement (the Do's and Don'ts)

    In CA, this is firing provided the employer doesn't let the employee work their notice period, and causes them a monetary loss.
    ...
  19. Resignation: Re: Job Resignation Letter Advisement (the Do's and Don'ts)

    There's always the chance your new opportunity isn't going to work out, sometimes gets delayed or rescinded, and sometimes giving two-weeks notice gets you escorted out the door. I think that...
  20. Getting Fired: Re: Can I Be Denied Promotion/Fired if Current Employer Finds Out About Convictions

    You'd file for unemployment. Your employer can fire you even if you had a spotless driving record. You have very few protections to keep your job.
  21. Denial & Appeals: Re: California Unemployment Insurance

    I think you handled it wrong.



    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.



    Going to school just...
  22. Resignation: Re: Asked to Leave Prior to End of Two Week Notice

    In CA, you apply for UI to mitigate your wage your loss. That's the closest you'll get to the employer paying you since the UI comes out of the employer's reserve account. Being "fired" because...
  23. Unemployment Benefits: Re: What Happens to Trailing Spouse Benefits if You Move Back to California

    I don't think anyone can know for sure. If done properly, trailing spouse is allowed by CA, but TX has really restrictive rules, and you have a TX employer in the mix, and its Dec 2017 wages may...
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    Denial & Appeals: Re: Employer Claims Willful Misconduct

    No, it implies that he was less than 30 minutes early 5% of the time or late, not always late.

    Either way, from 9/17 to 10/18 that was 24 work days, and he was late 3 times, so he wasn't even...
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    Denial & Appeals: Re: Employer Claims Willful Misconduct

    He never said that. He was at least 30 minutes EARLY, 95% of the time, and the other 5% of the time he was 29 minutes early to on time or late.
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